App User Terms & Conditions – Local Knowledge

User Terms and Conditions

Introduction

1. 1. The following terms and conditions, which include reference to LKTA 2020 (Pty) Ltd.’s Privacy Notice (“Notice”) applicable to your usage of and interaction with the Services, (hereinafter the “Terms”) govern the relationship between you and LKTA 2020 (Pty) Ltd. in the use of the Services. The Notice can be found by clicking on the link at the bottom of the Applications.
  2. By accessing and using the Services you agree to be bound by the Terms, and you provide your express consent for your Personal Information (as defined in the Notice) to be dealt with on the terms of the Notice.
  3. 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.
  4. If you do not agree to these Terms, please do not continue browsing the Applications or use the Services.
  5. If you have an account on LKTA 2020 (Pty) Ltd.’s application and wish to no longer be bound by these Terms, you can do so at any time by closing your account and no longer accessing or using the Services.
  6. The Services are provided solely to:
    1. assist customers in gathering travel information from Contributors and posting review, searching for and purchasing tours, accommodation and events tickets and communicating with the on-app community; and
    2. assist Contributors and travel, tourism and hospitality businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by us or the Contributors.
  7. For the avoidance of doubt, the Applications are owned and controlled by LKTA 2020 (Pty) Ltd. However, some specific Services made available via the Applications may be owned and controlled by the Contributors, for example the Travel Guides produced by Contributors are owned by the Contributors and licensed to LKTA 2020 (Pty) Ltd.
  8. 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 Terms and Conditions document, 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 Applications.

Definitions

1. 1. “Account Holders” means registered users of our Services;
  2. “Contributor” means any individual, company, business organization, or other legal entity contributing Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations or Event Recommendations to the Services;
  3. “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 Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations, Event Recommendations and reviews and comments;
  4. “Travel Recommendation” means a travel recommendation created by a Contributor and licensed to LKTA 2020 (Pty) Ltd. under contract and forming part of the Contents;
  5. “Travel Guides” means a travel blogs created by a Contributor and licensed to LKTA 2020 (Pty) Ltd. under contract and forming part of the Contents;
  6. “Accommodation Recommendations” means a bookable accommodation recommendation created by a Contributor and licensed to LKTA 2020 (Pty) Ltd. under contract and forming part of the Contents;
  7. “Tour Recommendations” means a bookable tour recommendation created by a Contributor and licensed to LKTA 2020 (Pty) Ltd. under contract and forming part of the Contents;
  8. “Event Recommendation” means a bookable event recommendation created by a Contributor and licensed to LKTA 2020 (Pty) Ltd. under contract and forming part of the Contents;
  9. “we”, “us” and “our” 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;
  10. “Applications” means the web and mobile based application of LKTA 2020 (Pty) Ltd.
  11. “You” or “User”, “ means any individual, company, business organization, or other legal entity using the Services and/or contributing Reviews to them

The Platform & Services

1. LKTA 2020 (Pty) Ltd. operates a digital platform (“Platform”) that is offered in a number of forms, including mobile and/or web based applications (“Applications”). Among other things, the Platform enables you to receive:
  1. services rendered by LKTA 2020 (Pty) Ltd. that facilitate your connection to independent third party providers (“Contributors”), for the access of Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations from those Contributors; and
  2. any related Content or services, including payment processing and customer support.

The Platform and the Content or services described in this clause 3.1 are collectively referred to as “the Services”. Unless otherwise agreed by LKTA 2020 (Pty) Ltd. in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

you acknowledge that your ability to obtain Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations from Contributors 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 users of the platform and not to the general public.
you acknowledge that Contributors 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 the contributor.

License

1. 1. Subject to your compliance with these Terms, LKTA 2020 (Pty) Ltd grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
    1. access and use the Applications on your personal device solely in connection with your use of the Services; and
    2. access and use the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations available through the Services, in each case solely for your personal, non-commercial use; and
    3. access and use any Content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use.
  2. Any rights not expressly granted herein are reserved by LKTA 2020 (Pty) Ltd. and by LKTA 2020 (Pty) Ltd’s licensors.

Conditions of use of the Services

1. 1. As a condition of your use of the Services, you warrant that:
    1. all information supplied by you via the Services to LKTA 2020 (Pty) Ltd is true, accurate, current and complete;
    2. you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you;
    3. you are 13 (thirteen) years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our Applications. LKTA 2020 (Pty) Ltd. do not knowingly collect the information of anyone under the age of 13 (thirteen) years of age; and
    4. you possess the legal authority to agree to these Terms and to use the Services, including our Applications in accordance with all terms and conditions herein.
  2. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of these Terms.

Restriction on use of the Services

1. 1. The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to LKTA 2020 (Pty) Ltd. or licensed to the LKTA 2020 (Pty) Ltd. by Contributors and other third parties.
  2. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:
    1. use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under these Terms and related guidelines as made available by us;
    2. access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these Terms or without our express written permission;
    3. violate the restrictions or bypass or circumvent measures employed to prevent or limit access to the Services;
    4. deep-link to any portion of the Services for any purpose without our express written permission;
    5. “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;
    6. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by LKTA 2020 (Pty) Ltd. in connection with the Services;
    7. circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
    8. download any Content unless it’s expressly made available for download by us.
  3. Under clause 6.4 below you indemnify LKTA 2020 (Pty) Ltd. against certain claims, and this places various risks, liabilities, obligations and legal responsibilities on You.
  4. To the extent permitted by law, you hereby indemnify LKTA 2020 (Pty) Ltd. against any and all claims arising from the use by third parties of any Content from the Applications that they have accessed as a result of your contravention of clause 6.2 of these Terms.

Third Party Services and Content.

1. 1. The Services may be made available or accessed in connection with third party services and content (including advertising) that LKTA 2020 (Pty) Ltd. does not control.
  2. Once you click on a link to third party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third party service provider. LKTA 2020 (Pty) Ltd. will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third party service provider.
  3. You use all links in third party websites and advertisements at your own risk as these are not part of the Services and are not controlled by LKTA 2020 (Pty) Ltd.. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. LKTA 2020 (Pty) Ltd. does not endorse such third party services and content and in no event shall LKTA 2020 (Pty) Ltd. be responsible or liable for any products or services of such third party providers.

App Stores.

1. 1. You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”).
  2. You acknowledge and agree that these Terms are between you and LKTA 2020 (Pty) Ltd. and not with the App Store and that LKTA 2020 (Pty) Ltd. is responsible for the provision of Services as described in these Terms.
  3. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce These Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and These Terms, the terms of these Terms will control.

Ownership

1. 1. The Services and all rights therein are and shall remain LKTA 2020 (Pty) Ltd.’s property or the property of LKTA 2020 (Pty) Ltd.’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above in clause 4.
  2. You agree that you will not use LKTA 2020 (Pty) Ltd.’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“LKTA 2020 (Pty) Ltd.’s Marks”), aside from use incidental to your use of the Services, without express, written permission from LKTA 2020 (Pty) Ltd. This prohibition on using LKTA 2020 (Pty) Ltd.’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.

Access and Use of the Services

User Accounts.

1. 1. 1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account“).
    2. 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.
    3. Account registration requires you to submit to LKTA 2020 (Pty) Ltd. certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by LKTA 2020 (Pty) Ltd.
    4. 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.
    5. 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.
    6. 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.
  2. User Requirements and Conduct.
    1. You agree to abide by the Community Guidelines (all information must be your own and must meet our quality standards in terms of authenticity, sustainability, safety & ethics.) Failure to comply with the Community Guidelines or any violation of these terms may result in the permanent loss of access to the Services.
    2. The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations from Contributors.
    3. You may not assign or otherwise transfer your Account to any other person or entity.
    4. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.
    5. In certain instances you may be asked to provide proof of age, identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity or other method of identity verification.
  3. Text Messaging, Telephone Calls and Emails.
    1. You agree that LKTA 2020 (Pty) Ltd., and its representatives, affiliates, officers and directors, may contact you by telephone, text messages or email (including by an automatic telephone dialling system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with an Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of accessing any Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations, property, goods or services. You also understand that you may opt out of receiving text messages from LKTA 2020 (Pty) Ltd. at any time, by contacting hello@localknowledge.travel.
    2. You agree that LKTA 2020 (Pty) Ltd. may contact you using any of the phone numbers you provided in connection with an Account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.
  4. User Provided Content.
    1. LKTA 2020 (Pty) Ltd. may, in LKTA 2020 (Pty) Ltd.’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LKTA 2020 (Pty) Ltd. through the Services textual, audio, and/or visual content and information, and submission of entries for competitions and promotions (“User Content“).
    2. Any User Content provided by you remains your property. However, by providing User Content to LKTA 2020 (Pty) Ltd., you grant LKTA 2020 (Pty) Ltd. a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LKTA 2020 (Pty) Ltd.’s business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
    3. Your represent that:
      1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant LKTA 2020 (Pty) Ltd. the license to the User Content as set forth above; and
      2. neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor LKTA 2020 (Pty) Ltd’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. You agree to not provide User Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LKTA 2020 (Pty) Ltd in its sole discretion, whether or not such material may be protected by law. LKTA 2020 (Pty) Ltd may, but shall not be obligated to, review, monitor, and remove User Content, at LKTA 2020 (Pty) Ltd’s sole discretion and at any time and for any reason, without notice to you.
  5. User Feedback.
    1. We appreciate your reviews, comments and other feedback in relation to the Services and encourage you to reach out. As LKTA 2020 (Pty) Ltd respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to LKTA 2020 (Pty) Ltd or Contributors. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions:
      1. your submissions and their contents will automatically become the property of LKTA 2020 (Pty) Ltd, without any compensation to you;
      2. LKTA 2020 (Pty) Ltd has no obligation to review your submissions;
      3. LKTA 2020 (Pty) Ltd may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and
      4. LKTA 2020 (Pty) Ltd may alter, edit or adapt your submissions and their contents for such uses, or to ensure your Content does not infringe these Terms or breach the law, as we see fit. Although we generally attribute you as the author, it’s not always possible. So you consent to us not attributing authorship to you, or only attributing your registered ‘handle’. We will ask you before publishing your real name;
      5. LKTA 2020 (Pty) Ltd has no obligation to keep your submissions confidential.

Interactive Areas

1. 1. 1. The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations and travel experiences, messages, materials or other items (“Interactive Areas“).
    2. If LKTA 2020 (Pty) Ltd provides such Interactive Areas on the Applications, you are solely responsible for your use of such Interactive Areas and use them at your own risk. LKTA 2020 (Pty) Ltd does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area.
    3. To the extent that LKTA 2020 (Pty) Ltd provides any form of private communication channel between you and/or another user or Contributors you agree that LKTA 2020 (Pty) Ltd may monitor the substance of such communications in order to help safeguard our community and the Services.
    4. You understand that LKTA 2020 (Pty) Ltd does not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, LKTA 2020 (Pty) Ltd does not edit or control users’ Content that appears on the application. LKTA 2020 (Pty) Ltd nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches these Terms or otherwise believe the removal is reasonably necessary to safeguard the rights of LKTA 2020 (Pty) Ltd and/or other users of the Services. Should you disagree with the removal of your Content from the Applications, you may contact LKTA 2020 (Pty) Ltd at hello@localknowledge.travel to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with LKTA 2020 (Pty) Ltd’s published policies and guidelines, as are in force at the time of submission and made available to you by LKTA 2020 (Pty) Ltd.

Prohibited User Content

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any content of yours that:

is false, unlawful, misleading, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world;
may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (in particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work);
impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including LKTA 2020 (Pty) Ltd;
is Personal Information (as defined in the Privacy Policy) of any third party, including, without limitation, addresses, phone numbers, email addresses, identity numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
in the sole judgment of LKTA 2020 (Pty) Ltd:
1. violates any of the above subsections of this clause 10.7;
2. violates LKTA 2020 (Pty) Ltd’s related policies and guidelines as made available to you by LKTA 2020 (Pty) Ltd;
3. is objectionable;
4. restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services; or
5. may expose any of the LKTA 2020 (Pty) Ltd, the Contributors or other users to any harm or liability of any type.

Limitation of liability and breach

1. LKTA 2020 (Pty) Ltd takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded to the Services by you (“your Content”) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor is LKTA 2020 (Pty) Ltd liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
2. As a provider of interactive services, LKTA 2020 (Pty) Ltd is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the Applications or any other forum.
3. Although LKTA 2020 (Pty) Ltd has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, LKTA 2020 (Pty) Ltd reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
4. Any use of the Interactive Areas, other aspects of the Services or posting, transmitting, storing or uploading of Your Content in breach of this clause 10 may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.

Network Access and Devices.

1. 1. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.
  2. LKTA 2020 (Pty) Ltd does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

1. 1. You understand that use of the Services may result in charges to you for the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations services or goods you receive (“Charges“). LKTA 2020 (Pty) Ltd will enable your payment of the applicable Charges for Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations, services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees, product return fees, cancellation fees.
  2. All Charges and payments will be enabled by LKTA 2020 (Pty) Ltd using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that LKTA 2020 (Pty) Ltd may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by LKTA 2020 (Pty) Ltd.
  3. As between you and LKTA 2020 (Pty) Ltd, LKTA 2020 (Pty) Ltd reserves the right to establish or adjust Charges for any or all Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations, services or goods obtained through the use of the Services at any time. LKTA 2020 (Pty) Ltd will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
  4. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations, services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.
  5. If you think a correction should be made to any Charge you incurred, you must let LKTA 2020 (Pty) Ltd know in writing within 30 (thirty) days after the Charge took place or LKTA 2020 (Pty) Ltd will have no further responsibility and you waive your right to later dispute the amounts charged.

Disclaimers, Limitation of Liability & Indemnity.

Disclaimer

The information published on the Applications are provided for general information purposes only and do not constitute professional advice. While every effort is made to ensure that the information contained in the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations and on the Applications are updated regularly and offer the most current, correct and accurate information, LKTA 2020 (Pty) Ltd accepts no liability or responsibility whatsoever if any information contained in the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations and on the Applications are, for whatever reason, incorrect, inaccurate or dated. LKTA 2020 (Pty) Ltd accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from access to or reliance on the information contained in the information contained in the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations and/or on the Applications.
While we do our utmost best to verify the quality of the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations provided by the Contributors, we cannot guarantee these are flawless and neither can we guarantee that all Content on our Applications are without errors. In the event of misleading representation or misconduct on our Applications or in the framework of the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations provided through our Services, we may decide, in our sole discretion, to credit you with a refund for the amount paid or part thereof for the Tour Guide and charge the Contributor with this amount. No action of us may be construed as accepting any liability other than as mentioned herein.
When providing the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations through the Services, the information we disclose is based on the information provided to us by the Contributors. Although we will use reasonable skill and care in performing our Services and verify the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations and Contributors we cannot guarantee that all information is accurate, complete and/or correct. Each Contributor remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information displayed on through our Services.
Therefore, use your own best judgment when using the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations provided by our Contributors. Notwithstanding the foregoing, including without limitation any Content, data and any information related hereto, is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.

Limitation of Liability

Please read this section carefully. this section limits LKTA 2020 (Pty) Ltd and its Contributors liability to you for issues that may arise in connection with your use of the Services and the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations respectively. If you do not understand the terms in this section or elsewhere in these Terms, please consult a lawyer for clarification before accessing or using the Services.
The Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations, information, software, products, and services published on or otherwise provided via the Services may include inaccuracies or errors, including pricing errors. LKTA 2020 (Pty) Ltd does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the accommodation, experiences, restaurant or any other travel products displayed on the Services (including, without limitation, the pricing, availability, photographs, list of accommodation, experience, restaurant or other travel product amenities, general product descriptions, reviews and ratings, etc.). In addition, LKTA 2020 (Pty) Ltd expressly reserves the right to correct any inaccuracies or errors, including pricing errors on the Services made under an incorrect price.
LKTA 2020 (Pty) Ltd makes no representations of any kind about the suitability of the services, including the information contained on its Applications or any portion thereof, for any purpose, and the inclusion or offering of any products or service offerings on its Applications or otherwise through the Services does not constitute any endorsement or recommendation of such products or service offerings by LKTA 2020 (Pty) Ltd, notwithstanding any awards distributed based on user reviews.
All such information, software, products, and service offerings made available by or through the Services are provided “as is” without warranty of any kind. LKTA 2020 (Pty) Ltd disclaims all warranties, conditions, or other terms of any kind that the services, its servers or any data (including email) sent from LKTA 2020 (Pty) Ltd, are free of viruses or other harmful components. to the maximum extent permitted under applicable law, LKTA 2020 (Pty) Ltd hereby disclaims all warranties and conditions with regard to this information, software, products, and the services, including all implied warranties and conditions or terms of any kind as to of merchantability, fitness for a particular purpose, title, quiet possession and noninfringement.
LKTA 2020 (Pty) Ltd also expressly disclaim any warranty, representation, or other term of any kind as to the accuracy or proprietary character of the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations and other information made available by and through the Services.
The Contributors providing the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations and other the third party suppliers providing accommodation, flight, rentals, experiences or restaurants information or other services on or through the Services are independent contractors and not agents or employees of LKTA 2020 (Pty) Ltd. LKTA 2020 (Pty) Ltd are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Contributors or suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. LKTA 2020 (Pty) Ltd has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and it has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Subject to the foregoing, you use the Services at your own risk and in no event shall:
1. LKTA 2020 (Pty) Ltd (or their officers, directors and/or employees) be liable for:
  1. any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the Services or with the delay or inability to access, display or use the Services (including, but not limited to, your reliance upon reviews and opinions appearing on or through the Services; any viruses, bugs, trojan horses, information, software, linked sites, products, and services obtained through the Services;
  2. personal injury or property damage, of any nature whatsoever, resulting from your use of the Services’ servers and/or any and all personal information and/or financial information stored therein;
  3. any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content; or
  4. otherwise arising out of the access to, display of or use of the Services,

whether based on negligence, contract, delict, strict liability, or otherwise, and even if LKTA 2020 (Pty) Ltd or has been advised of the possibility of such damages;

the Contributors or LKTA 2020 (Pty) Ltd (or their officers, directors and/or employees) be liable for:
1. personal injury or property damage, of any nature whatsoever, resulting from your use of the information provided in the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations therein;
2. any errors or omissions in any information contained in the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations or for any loss or damage of any kind incurred as a result of the use of any information contained in the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations,

whether based on negligence, contract, delict, strict liability, or otherwise, and even if the Contributor and/or LKTA 2020 (Pty) Ltd or has been advised of the possibility of such damages;

If the LKTA 2020 (Pty) Ltd or the Contributors are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services or the Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations, then LKTA 2020 (Pty) Ltd’s or the Contributors’ (as the case may be) liability will in no event exceed, in the aggregate, the greater of:
1. the transaction fees paid to LKTA 2020 (Pty) Ltd for the transaction(s) on or through the Services giving rise to the claim; or
2. R1000. 00 (one thousand Rand).
This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of LKTA 2020 (Pty) Ltd and the Contributors.
These Terms and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law, for example under Consumer Protection Act 68 of 2008.
If the law of the country where you live does not allow any particular limitation or exclusion of liability provided for in this clause 6, that limitation will not apply. The liability disclaimer will otherwise apply to the maximum extent allowed by your local law.

Indemnity

You agree to indemnify and hold LKTA 2020 (Pty) Ltd and their officers, directors, employees, and agents and the Contributors harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with:
1. your use of the Services or Travel Recommendations, Travel Guides, Accommodation Recommendations, Tour Recommendations and Event Recommendations, services or goods obtained through your use of the Services;
2. your breach or violation of any of these Terms;
3. LKTA 2020 (Pty) Ltd’s use of your User Content; or
4. your violation of the rights of any third party, including Contributors.

Linking, framing and crawling

1. 1. The prior written authority of LKTA 2020 (Pty) Ltd is required before any hyperlink is created. Authority, if granted, will be subject to the condition that the party linking to the Applications alerts Users to the application of these Terms and the Privacy Notice. Requests for authority can be emailed to hello@localknowledge.travel.
  2. Permission to link to this website will be granted strictly without the assumption of any liability on the part LKTA 2020 (Pty) Ltd and we reserve the right to withdraw permission granted to link to the Applications at any time in our entire discretion.
  3. The prior written authority of LKTA 2020 (Pty) Ltd, which may be subject to conditions, is required before the Applications, any of their pages and/or any of the information contained on the Applications are framed.
  4. Save for the use of bona-fide search engine and the search facility provided on the Applications for Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy Content from the Applications for any purpose without the prior written consent of LKTA 2020 (Pty) Ltd. Any attempt to do so, whether successful or not, is an offence as contemplated in point.

Security

1. 1. Any person who in any manner interferes with the data or information displayed on the Applications in any way which causes it to be modified, destroyed or otherwise rendered ineffective or inaccurate, acts contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”)and is guilty of an offence.
  2. Any person who in any manner interferes with any third party’s access to the Applications or denies access to the Applications, whether partial or absolute, is guilty of an offence in terms of ECTA.
  3. Any attempt to commit or aid and abet someone in the commission of the offences referred to in 15.1 and 15.2 is guilty of an offence in terms of the ECTA.
  4. LKTA 2020 (Pty) Ltd will, as it may be advised, cause the prosecution and/or institute appropriate action to obtain relief against the perpetrator of the actions contemplated in in 15.1 and 15.2 and 15.3 with a view to recovering any damages that it may suffer and to protect the Applications against defacement, unauthorised amendment of content and disruption of the use of the Applications.
  5. While LKTA 2020 (Pty) Ltd takes appropriate security precautions to protect the Applications against abuse by third parties, by accessing and browsing the Applications you accept that no liability will lie against LKTA 2020 (Pty) Ltd for any damages caused to you by the malicious interference with the operation of the Applications, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and browsing of the Applications.

Privacy Statement

1. 1. LKTA 2020 (Pty) Ltd is committed to safeguarding the privacy of the users of the Applications. LKTA 2020 (Pty) Ltd’s Privacy Notice, available here, is incorporated by reference into these Terms, forms part of these Terms, and explains the personal information processing practices of LKTA 2020 (Pty) Ltd insofar as it relates to the Applications.
  2. The processing of Personal Information which may be collected through interactive communications facilitated by the Applications, are subject to the Privacy Notice published on the Applications.

Jurisdiction and Disputes

1. 1. These Terms are governed by and construed in accordance with the law of the Republic of South Africa.
  2. You and LKTA 2020 (Pty) Ltd agree that all disputes in terms of the use of the Applications or any agreement flowing therefrom, or relating to the inability to use the Applications, will be referred at the sole discretion of LKTA 2020 (Pty) Ltd either to adjudication in the High Court of South Africa, or to arbitration in terms of the Arbitration Foundation of South Africa Commercial Rules of Arbitration and such arbitration shall be held in Cape Town, South Africa and conducted in the English language.

General

1. These terms and conditions record the entire agreement between you and LKTA 2020 (Pty) Ltd in respect of your access, browsing and use of the Applications.
2. 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.
3. 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 Applications. To the extent permitted by law, your continued use of the Applications will be deemed your conclusive acceptance of the updated Terms and conditions. LKTA 2020 (Pty) Ltd reserves the right to change or delete any information, features or contents of the pages of the Site at any time and without notice.
4. The Applications are supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements.
5. 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.
6. 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.
7. Notwithstanding the fact that hyperlinks in these Terms to certain documents 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.

User Terms and Conditions

Pages

Experiences