Contributor Terms & Conditions
- Introduction
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- The following terms and conditions, which include reference to LKTA 2020 (Pty) Ltd. ’s privacy notice (“Privacy Notice”) explains the terms by which you can apply for your Travel Guide to be included in Apps for purchase, download and use by our Users, (hereinafter the “Terms”) govern the relationship between you and LKTA 2020 (Pty) Ltd. in the use of the Services. The Privacy Notice can be found by here [link].
- By submitting a Travel Guide to our Apps you agree to be bound by these Terms, the User Terms of Use [link] and you provide your express consent for your Personal Information (as defined in the Privacy Notice) to be dealt with on the terms of the Privacy Notice.
- Please read these Terms carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.
- We may change or otherwise modify these Terms in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the top of this these Terms, and any revisions will take effect upon posting. We will notify Account Holders of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our Apps.
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- Definitions
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- “Apps” means the web based application of LKTA 2020 (Pty) Ltd. currently hosted at localknowledge.travel and , as LKTA 2020 (Pty) Ltd. may choose to use from time to time and the LKTA 2020 (Pty) Ltd. Travel mobile application; and
- “Content” means any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services, including Travel Guides and reviews and comments;
- “Travel Guides” means a travel recommendation, travel blog, accommodation recommendation, tour recommendation or event recommendation suggested by you, created by LKTA 2020 (Pty) Ltd. and forming part of the Content, which is provided, marketed, accessed and sold via the Services;
- “we”, “us”, “our” and “LKTA 2020 (Pty) Ltd. ” means LKTA 2020 (Pty) Ltd, with registration No: 2020/652264/07 , being a company incorporated and carrying on business in accordance with the company laws of South Africa;
- “User” means any individual, company, business organization, or other legal entity using the Services and/or accessing Travel Guides to them
- “You” or “Contributor”, “ means any individual, company, business organization, or other legal entity using the Services and/or contributing Travel Guides to them
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- The Platform
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- LKTA 2020 (Pty) Ltd. operates a digital personalized, authentic travel recommendation platform (“Platform”) that is offered in a number of forms, including mobile and/or web based applications (“Apps”). Among other things, the Platform enables You:
- to submit Travel Guides to LKTA 2020 (Pty) Ltd. for inclusion in the Apps;
- to access services rendered by LKTA 2020 (Pty) Ltd. that facilitate your connection to Users, for the purpose of allowing Users to access and use Travel Guides from you; and
- any related Content or services, including payment processing and customer support.
- LKTA 2020 (Pty) Ltd. operates a digital personalized, authentic travel recommendation platform (“Platform”) that is offered in a number of forms, including mobile and/or web based applications (“Apps”). Among other things, the Platform enables You:
and the Platform and the Content or services described in this clause 3.1 are collectively referred to as “the Services”.
- You acknowledge that your ability to make Travel Guides available to Users through the use of the Platform and Services does not establish LKTA 2020 (Pty) Ltd. as a tourist guide and use of the Platform is only open to registered Contributors and Users of the platform and not to the general public.
- you acknowledge and agree that you are not actual agents, apparent agents, ostensible agents, or employees of LKTA 2020 (Pty) Ltd. in any way.
- you also acknowledge that any safety related effort, feature, process, policy, standard or other effort undertaken by LKTA 2020 (Pty) Ltd. , in the interest of public safety (whether required by applicable regulations or not), is not an indicator of an employment, actual agency, apparent agency, or ostensible agency relationship with you.
- Registration as a Contributor
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- In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account“).
- You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services.
- Account registration requires you to submit to LKTA 2020 (Pty) Ltd. certain personal information, such as your name, address, mobile phone number and age. For more information regarding LKTA 2020 (Pty) Ltd. ’s use of your personal information, please see our Privacy Notice, available here [LINK].
- You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services.
- You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by LKTA 2020 (Pty) Ltd. in writing, you may only possess one Account.
- We may terminate or suspend your account (and any future accounts) if you have breached these Terms multiple times or if the breach is serious.
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- Submission and selection
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- We invite contributors to submit their Travel Guides for inclusion in the Apps, so that they can be made available to our Users. Travel Guides will be selected based on:
- their fit for LKTA 2020 (Pty) Ltd. ;
- their detail, accuracy and ability to enhance the User’s experience; and
- authenticity, safety, trendiness & sustainability.
- The decision to include a Travel Guide in the Apps is entirely at LKTA 2020 (Pty) Ltd. ’s discretion and may be withdrawn at any time without notice to you, including where LKTA 2020 (Pty) Ltd. determines that your Travel Guide is in violation of these Terms, the Contributor Terms or any applicable law. LKTA 2020 (Pty) Ltd. shall have the right, but not the obligation, to include any Travel Guide your submit in the Apps.
- We invite contributors to submit their Travel Guides for inclusion in the Apps, so that they can be made available to our Users. Travel Guides will be selected based on:
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- Your obligations
If we do make your Travel Guide available on the Apps, you agree that you will:
- comply with all applicable laws, including privacy laws;
- not offer any sexually explicit content (whether directly or by proxy);
- not offer any content that supports, incites or promotes discrimination, hostility or violence (whether directly or by proxy);
- not serve any advertising to Users of your Travel Guide.
- License
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- You grant to LKTA 2020 (Pty) Ltd. and its affiliates a royalty-free, exclusive and transferable licence to and in exchange for the Royalties to, during the term of the Contributor Agreement:
- make your Travel Guides available on the Apps;
- provide Users with access and use of your Travel Guides purchased and made available through the Services, in each case solely for the User’s personal, non-commercial use; and
- use your trade marks, logos and/or name for marketing purposes on, and in connection with, the Apps.
- You represent and warrant that you have all right, title and interest necessary for LKTA 2020 (Pty) Ltd. to distribute your Travel Guides and that the distribution of your Travel Guides by LKTA 2020 (Pty) Ltd. will not violate any third party rights, including intellectual property rights.
- We grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable and revocable license during the term of the Contributor Agreement to display the LKTA 2020 (Pty) Ltd. brand, solely for the purpose of promoting the availability of your Travel Guides on the Apps.
- You grant to LKTA 2020 (Pty) Ltd. and its affiliates a royalty-free, exclusive and transferable licence to and in exchange for the Royalties to, during the term of the Contributor Agreement:
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- Indemnity
You agree to indemnify, defend and hold harmless LKTA 2020 (Pty) Ltd. and its representatives, agents and employees from any and all claims, demands, actions, damages and obligations of any kind that any third party may have relating to your violation of these Terms or any dispute between you and a User of your Travel Guide.
- Monitoring
LKTA 2020 (Pty) Ltd. may collect analytics regarding the use of your Travel Guides within the Apps. Such data shall be maintained in accordance with the Privacy Notice [link].
- Suspension
We may suspend your Travel Guide and disable accessibility to it in the Apps at any time if we reasonably suspect that your Travel Guide is causing harm to LKTA 2020 (Pty) Ltd. and/or its Users. The suspension shall remain in place until we are satisfied the issue has been resolved.
- Termination
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- You may terminate these Terms at any time by requesting the withdrawal of all of your Travel Guides from the Apps. We may terminate these Terms:
- for no reason; or
- If you breach any of these Terms and fail to rectify the breach within 30 (thirty) days after written notice by us (we will work with you to rectify any issues to the extent possible).
- Upon termination, we will remove your Travel Guides from the Apps within a reasonable period of receiving your request.
- You may terminate these Terms at any time by requesting the withdrawal of all of your Travel Guides from the Apps. We may terminate these Terms:
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- General
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- LKTA 2020 (Pty) Ltd. shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms to any third party without notice to you.
- To the extent permitted by law, LKTA 2020 (Pty) Ltd. may update these Terms and conditions from time to time and You are responsible for periodically reviewing the most current version on the Apps. To the extent permitted by law, your continued listing of your Travel Guides will be deemed your conclusive acceptance of the updated Terms and conditions.
- The Apps are supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements.
- If any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
- LKTA 2020 (Pty) Ltd. ’s omission to exercise any right under these Terms will not constitute a waiver of any such right unless expressly accepted by LKTA 2020 (Pty) Ltd. in writing.
- Notwithstanding the fact that hyperlinks in these Terms to certain documents, the provisions thereof should be deemed part of these Terms in terms of section 11 of ECTA, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
- Please contact us at hello@localknowledge.travel with any questions regarding these Terms.