Terms and Conditions
Terms and conditions relating to the use of Booksure™ agreed between : Magus
Ventures (Pty) Ltd trading as Booksure™ and the “User”.
Definitions
Booksure™: Incorporates all software packages, modules and services developed
and designed by Magus Ventures (Pty) Ltd.
Operator: An individual or entity making use of Booksure™.
Magus Ventures (Pty) Ltd: Including the directors and employees (Hereinafter referred
to as “Us”, “Our”, “We”).
Site:
www.booksure.com
Terms: Terms of Use as indicated in this document.
Client: A person or persons making a reservation via the Site.
User: A person or persons making use of the Site.
Enquiry: An enquiry made by a client via the Operator’s own website or via the Site.
Quotation: An online quotation submitted by the Operator specifying the price to
be charged for the requested accommodation.
Reservation: An accepted quotation becomes a reservation after the pre-determined
deposit amount has been paid by the Client.
Affiliate: An entity with a relationship with Magus Ventures (Pty) Ltd.
By using this Site or any Service offered by this Site, you agree to comply with,
and be legally bound by the following terms and conditions. This includes the use
of a Service via the Operator’s own website or an affiliate website. If you do not
agree to these Terms, please do not continue to use this Site. It is the User’s
responsibility to regularly review these terms. Magus Ventures (Pty) Ltd reserves
the right to revise these Terms and upload changes to these Terms. By using this
Site, the User agrees to have accepted the revised Terms.
Use of the Site
Booksure™ facilitates communication between Operators and prospective and
existing Clients. Magus Ventures (Pty) Ltd is in no way able to influence, negotiate
or mediate between these parties should a dispute arise.
Magus Ventures (Pty) Ltd can not be held liable should there be a misrepresentation
by the Operator of the type of services, amenities or accommodation facilities offered.
Magus Ventures (Pty) Ltd can and will not confirm any user’s identity or purported
identity.
By using this Site or any Service offered by this Site, you agree to not :
- illegally copy, store, use, alter, erase, impair, interfere with or attempt to interfere
with our software, data and network resources;
- use this Services to assist in the distribution of unsolicited commercial email
("spam") or advertisements unrelated to the communication facilities offered by
Booksure™ ;
- impair the electronic communications to or from, or interfere with or obstruct the
lawful use of, or otherwise cause any unauthorised computer functions to our computer
systems or those of other users or any other person;
- engage in any practice or conduct that is unlawful under any laws applicable to
you;
- use our Services to transmit, distribute, post or submit any information concerning
any other person without their consent;
- register for a Service on behalf of an individual other than yourself;
- offer accommodation that you do not yourself own or rent (excluding the situation
in which you are listing accommodation in the capacity of a rental or listing agent
on behalf of a third party property owner, in which case you must be in possession
of a valid mandate from the owner);
- impersonate any person or entity, or falsify or misrepresent yourself or your affiliation
with any person or entity;
- submit content that is inaccurate or misleading;
- submit content that is hateful, threatening, contains profanities, is vulgar or
pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
Magus Ventures (Pty) Ltd reserves the right to cancel a user account or take other
appropriate actions in its sole discretion in response to any conduct deemed inappropriate.
Privacy Policy
The Privacy Policy of the site is available at
privacy policy. All users of this Site
agree to abide by the terms set forth in the Privacy Policy.
Online Signup
The completion of the Booksure™ online signup does not guarantee a successful
application. Magus Ventures (Pty) Ltd has the right to, at its own discretion, refuse
an applicant. By completing the online signup process, the applicant acknowledges
that he/she is either the owner of the establishment or is duly authorized to act
on behalf of the owner.
Warranties and Indemnity
All payments and information received through Booksure™, will be processed
using an industry standard level of security so as to minimise the risk of unauthorised
disclosure or interception by third parties. Magus Ventures (Pty) Ltd cannot, however,
indemnify the Operator/Client/User against any loss or harm it may suffer as a result
of unauthorised disclosures or interception of payments and information.
In the unlikely event that an Operator/Client/User is unable to use the Booksure™
booking system due to problems with Magus Ventures (Pty) Ltd server, or their internet,
Magus Ventures (Pty) Ltd will use its best efforts to ensure that any problems that
may arise will be resolved as quickly as possible. Magus Ventures (Pty) Ltd however
cannot be held responsible for any loss of revenue or reputational damage that may
result from any such problem.
Magus Ventures (Pty) Ltd does not guarantee that the Booksure™ Service will
meet all Operator/Client/User expectations, be free of errors, or that errors reported
will be corrected.
Any content or information transmitted or accessed through the Booksure™ Service,
including but not limited to Newsletters and Reviews, is done so at the Operator/Client/User’s
own discretion and risk. Magus Ventures (Pty) Ltd takes no responsibility and assumes
no liability for any content posted, stored or uploaded by an Operator/Client/User.
The Operator/Client/User is solely responsible for any loss or damage arising out
of the use or submission of content from the Booksure™ service.
The Operator/Client/User herewith indemnify Magus Ventures (Pty) Ltd, its employees,
shareholders and representatives in respect of any loss or damages suffered as a result
of utilizing the services provided by Magus Ventures (Pty) Ltd.
This includes but is not limited to:
- failure on the part of the Operator to honour cancellation terms
- non-availability of accommodation as a result of overbooking
- termination of business by an Operator
Dates, times and venues of events are current at the time of publication but cannot
be guaranteed to be correct. Magus Ventures (Pty) Ltd cannot be held responsible
for any loss of revenue or damages that may result from the publication of incorrect
event information.
Legal Matters
The Operator/Client/User hereby agrees and gives its consent to the Magistrate’s
Court having jurisdiction in respect of any legal matter that may arise out of this
agreement, even if the amount claimed by Magus Ventures (Pty) Ltd exceeds the jurisdiction
of the Magistrate’s Court. Magus Ventures (Pty) Ltd shall, however, still have the
right to approach a higher court if it so chooses.