Terms and Conditions

Go Adventure Terms & Conditions

These Terms of Service (“Terms”) apply to your access and use of the mobile application

(the “App”), website, and other online products and services (collectively, the “Service”)

of Go Adventure (Pty) Ltd. (“Go Adventure,” “we,” “us” or “our”).

These Terms and Conditions are according to South African Law which includes but is not limited to:

  1. The Consumer Protection Act 68 of 2008.
  2. Electronic Communications and Transactions Act 25 of 2002.
  3. Copyright Act 98 of 1978.
  4. Protection of Personal Information Act,4 of 2013

Definitions

“Business Day” means any day other than a Saturday, Sunday or any public holiday within the Republic of South Africa.

“Contract” means these Terms and Conditions, the accepted quotation and Booking Sheet.

“Booking” means a specific booking held on a specific date or period of time, including all dates referenced in Annexure A of this document, as specified in the quotations and Booking Sheets.

“Booking Sheet” means the running order of the booking agreed to between the parties.

“Final Account” means the document issued by Go Adventure to Client within 3 (three) Business Days of the end of the booking detailing outstanding balances payable by Client to Go Adventure.

“Terms and Conditions” means this document.

“Client” refers to the person, individual or company (or other legal person) making the booking.

Name of Client:

“Agent” refers to a professional conference/event organiser (“PCO”) who acts and manages the booking for and on behalf of Client.

“User” refers to the person who uses and/or utilises and/or operates the mobile application.

“Consumer Protection Act (CPA)” refers to The Consumer Protection Act 68 of 2008.

“Electronic Communications and Transactions Act (ECTA)” refers to the Electronic Communications and Transactions Act 25 of 2002.

“Copyright Act” refers to the Copyright Act 98 of 1978.

“Protection of Personal Information Act (POPI Act)” refers to the Protection of Personal Information Act 4 of 2013.

“The company” refers to Go Adventure (Pty) Ltd.

Introduction

These Terms and Conditions further relate to issues which may have a financial impact on the parties entering into an agreement for the use or provision of the application, facilities and services offered and provided by Go Adventure (Pty) Ltd.

Prior to the commencement of any booking, the user, Client and/or the Agent (on behalf of the client) shall be required to acknowledge acceptance of the quotation and these Terms and Conditions and to make the required payments; failing which Go Adventure may, but shall not be obliged to, proceed with the booking.

Notwithstanding the above, these Terms and Conditions shall apply to all quotations issued by Go Adventure whether or not the quotation and/or these Terms and Conditions are formally accepted by Client and/or agent, Go Adventure shall be entitled to enforce same against Client and/or Agent in the event of any dispute arising between the parties.

Accepting These Terms

These Terms and Conditions constitute a legally binding agreement made between the user, whether personally or on behalf of an entity (“user”) and [your business name] (“we,” “us” or “our”), concerning the users access to and use of our mobile application (the “Application”).

The user agrees by downloading and accessing the application or otherwise accessing or utilising the service, the user irrevocably agrees to be bound by all of these terms as discussed in more detail below. The user agrees that he/she has read and understood all of the terms before the service was utilised. Should you, as a user, have any enquiries with regards to any of our terms and conditions, it will remain the responsibility of the user to enquire. If the user does not agree to all terms and conditions as set out below, the user will be expressly prohibited from using the application and the use of this application must be discontinued immediately.

Changes to these Terms

Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. For example, a need may occur to change these Terms if there is a new feature to be added to the application. If Go Adventure makes changes, the company shall notify the user via the applicable forum by revising the date as can be seen at the top of the policy and, in certain cases, we will provide the user with additional notice (such as adding a statement to our homepage or sending the user an email notification, whichever is applicable. We further encourage users to review these Terms periodically to stay informed about Go Adventure’s practices.

Whenever Go Adventure implements changes to these Terms, they will be effective when the revised Terms

are posted unless we notify the users otherwise. If you, as a user, continue to use the Service after the

revised Terms have been posted, then you will be deemed to have accepted the changes

to these Terms as described in the application.

Privacy Policy

For more information about how we, as Go Adventure, collect, use and share information about the users of the Service, please review our Privacy Policy. Please follow the following link for our privacy policy (enter link). By choosing our services, the user agrees that Go Adventure can collect, use and share the users information as per this policy and terms and conditions.

Description of the Service

This Service allows users to create itineraries, book packages and explore destinations in

South Africa. Users also have the further option of booking a tour guide, should they wish to do so.

This service allows users to book a holiday package, from single day tours to multi-day tours which  include:

  1. Accommodation
  2. Restaurants
  3. Sightseeing
  4. Guided Tours
  5. Activities (For example: Boat rides, zip lining, mountain biking etc.)
  6. Events
  7. Flight Booking
  8. Booking of a tour guide, which may include transport or exclude transport.
  9. Go Community (This is a platform where users can share experiences, review destinations visited, upload photos/videos, offer travel advice and read articles that have been posted)

Users are responsible for the use of the Application. Go Adventure shall not be held responsible for any of

the equipment that users may use to access the Application (which includes but is not limited to any earplugs, earphones, or any other listening device, or any mobile device or any other device used to access

the Service).

Go Adventure shall not be held responsible for anything users may encounter

while using the App (including, but not limited to, physical hazards, traffic, and other

users). Accordingly, users must exercise due care and diligence when using the Application. Users should be fully aware of their surroundings at all times while using a Go Adventure guide or otherwise

using our Application.

According to the Consumer Protection Act Go Adventure must list all 3rd party companies that will be on the Application, for example all the tour guides, accommodation companies etc. The user acknowledges and accepts that each holiday package will differ, and each 3rd party company will vary depending on the package selected.

Go Adventure shall ensure that all 3rd party companies used for each holiday package shall be disclosed on the specific package selected with all company details included.

Creating Accounts

When users create their accounts, users should maintain the security of their password and

accept all risks that accompanies using the application which includes but is not limited to, anyone who may access a user’s account without the user’s permission. If you, as a user, discover or suspect any security breaches, it remains the responsibility of the user to inform Go Adventure as soon as possible.

You, as a user, represent, warrant and confirm that all information that you supplied to Go Adventure in connection with your account is accurate, truthful, correct and complete. Go Adventure reserves the right to

Reject and deny any account at our discretion. Go Adventure reserves the right to access your

account in the event of problems that a user has raised, or at the discretion of the company.

When a user registers with Go Adventure and an account is created, the following information will be required:

  1. Full names and surname
  2. Email address
  3. Contact Number
  4. Username
  5. Password
  6. Nationality

Right to Use the Service

On the condition that a user has fully complied with these Terms and conditions, Go Adventure grants you, as a user, a limited, non-exclusive, non-transferable and revocable license to access and use the

Service for the user’s own personal, non-commercial use. However, the Application may only be used

on mobile devices that a user owns or controls. The terms and conditions of this license will also regulate any and all upgrades and/or improvements provided by Go Adventure that replace and/or supplements the original Application, unless the upgrade is accompanied by a separate license, in which case the terms of that

license will be governed by that particular license.

Except as expressly authorized by these Terms, a user may not

(a) modify, disclose, alter, translate or create derivative works of the Service;

(b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the

Service; or do anything that might infringe source code/ bypass/circumvent measures employed to prevent /limit any access to any part of the app.

(d) copy, frame or mirror any part of the Service including by way of introducing virus / overloading / “flooding” / crashing et cetera;

(e) interfere with or disrupt; the integrity or performance of the Service or;

(f) attempt to gain unauthorized access to the Service or its related systems or networks.

(g) The app cannot be downloaded, copied, reproduced, transmitted, stored, sold or distributed without prior written consent of the copyright holder – this excludes downloading et cetera of pages of the app for personal, non-commercial home use only.

Fees and Payment Terms

Users can purchase Go Adventure guides or packages through the Application. Payment for a Go

Adventure guide or package is immediately due and payable upon purchase of a Go Adventure guide and/or package.

All payments must be made in South African Rand and by credit/debit card via an authorized Go Adventure payment processor.

The Electronic Communications and Transactions Act (ECTA) stipulates that a supplier – in this case when making use of a mobile App – must utilise a payment system that is sufficiently secure with reference to accepted technological standards. A supplier may not accept payment directly from the consumer as it is prohibited due to security reasons. The supplier is obligated to employ a payment gateway provider, as well as have a merchant bank account, which authorises the supplier to accept debit and credit card payments through the App. In addition, an SSL certificate is necessary to establish a secure connection with the browser through several visible trust indicators.

Go Adventure confirms the payment system that will be utilised with this application shall be Peach Payments.

https://www.peachpayments.com/#/home

The user hereby authorises Go Adventure (or its authorized payment processor) to charge the credit/debit card number provided to Go Adventure, and the user represents, warrant and guarantees that the user is authorized to use and have fees charged to the credit/debit card number provided to Go Adventure. The User may withdraw such authorization by utilizing the cancellation mechanism provided via the Service, or

by emailing us at info@goadventure.travel, subject to the cancellation policy and terms as confirmed by Go Adventure.

Go Adventure confirms that the payment terms for each specific package is tailored according to the 3rd party and as such will differ on each selected package.

Administration Fee:

  1. a) Go Adventure charges a non-refundable administration fee of R xxx for management of the package selected and administration of the package selected.

Costs

  1. a) The costs for the booking and the provision of services are set out in the quotation, which costs shall be paid by Client and/ or the agent to Go Adventure.
  2. b) The costs are based on the booking made, time frame elected, and the package selected.
  3. c) All costs for the use of additional services and/or facilities and/or the provision of additional services requested by Client and/or the agent shall be for Client’s account and shall be due, owing and payable to Go Adventure.

Deposits and payment of the balance

  1. a) The deposit payable will differ on each separate package dependant on the 3rd party involved and will be communicated to the user upon selecting the package.
  2. The balance of the quoted amount shall be paid as directed by the Application based on the package selected and according to the requirements of the 3rd party.
  3. b) If the quoted amount is not paid, Go Adventure reserves the right to cancel the tentative booking and recover any costs, expenses and/or damages incurred by Go Adventure as a result thereof.
  4. c) The outstanding balance shall be payable as communicated through the application based on the package selected and according to the requirements of the 3rd

Conduct

A User is prohibited to do any of the following in connection with the Service:

(a) Use the Service in any manner that could interfere with, disrupt, negatively affect or

inhibit other users from fully enjoying the Service or that could damage, disable,

overburden or impair the functioning of the Service;

(b) Use the Services for any illegal or unauthorized purpose or to engage in, encourage or

promote any activity that is unlawful or that violates these Terms; or

(c) Circumvent or attempt to circumvent any filtering, security measures, rate limits or

other features designed to protect the Service, its users, or third parties.

(d) Engage in any harassing, threatening, intimidating or stalking conduct;

(e) Impersonate another person, log into account not authorized to access/ use or attempt to use other user’s accounts

Go Adventure’s Rights

Go Adventure is the owner /licensee of all intellectual property rights in the platform and in the material / published on it to the extent does not claim ownership of any content the user posts/uploads/submits to any publicly accessible area of the app. However, by doing so, the user grants Go Adventure Worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate, or publish such content on the app. With user’s permission, Go Adventure may also use the user’s content in order types of media, including social platforms for promotional purposes.

As agreed upon between the user and Go Adventure, all information, materials and content of the Service,

including text, graphics, data, formatting, graphs, designs, HTML, look and feel,

photographs, music, sounds, images, software, videos, designs, typefaces, source and

object code, format, queries, algorithms and other content is owned and shall continue to be owned by Go Adventure or is used with permission. Go Adventure reserves all rights not expressly set forth in these

Terms. Go Adventure is protected by copyright laws, treaties around the world, all such rights are reserved.

Cancellation and Postponement Policy

Should user and/or Agent, after signing these Terms and Conditions or accepting a quotation, whether in writing, verbally or otherwise, wish to cancel or postpone all or any part of a booking for whatsoever reason, they shall be entitled to do so subject to the following:

Notice of such cancellation or postponement must be given to Go Adventure in writing by user and/or Agent and be delivered to Go Adventures  email address with a copy of the notice also sent to cancel@goadventure.co.za and cancellation will be effective within _____ working days.

Cancellation/postponement fees shall be payable and are dependent on the notice period provided by user and/or Agent. Further to the above, Cancellation/postponement fees as well as notice periods will be based on each individual package selected and as such differ from each package selected.

Any Refund due to the user, once cancellation notice is received in writing will be paid within 30 days

Go Adventure shall use all reasonably commercial endeavours to mitigate the cancellation / postponement fees.

Cancellation/ postponement fees:

If cancelled or postponed more than 7 business days prior to commencement date

 – No fee

If cancelled or postponed more than 4 business days prior to commencement date

– 25% cancellation fee

If cancelled or postponed less than 24 hours prior to commencement date

– 100% cancellation fee

In the event that Client is a consumer as defined in the Consumer Protection Act 68 of 2008, a cancellation fee shall not be payable should Client be unable to honour a booking or an order due to the death or hospitalisation of the person for whom or for whose benefit such booking or order was made, except to the extent that any such booking or order was in respect of special-order goods or in respect of any out of pocket expenses incurred by Go Adventure.

The Electronic Communications and Transactions Act (ECTA) provides that the consumer is provided with an opportunity to review the entire electronic transaction, correct any mistakes, and withdraw from the transaction before finally placing an order within the App. A consumer has the right to a “cooling off period” in terms of which they may cancel any order done through the App within 7 days of receiving the goods or services, or within 7 days of concluding the contract. This can be done by the consumer without reason and without penalty, and the only costs that may be levied on the consumer are the direct costs of returning the goods. Any payment that was made by the consumer prior to the consumer cancelling the agreement must be refunded within 30 days.

Feedback

Go Adventure owns exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials that a user provides regarding Go Adventure, whether by email, posting through the App, or otherwise (“Feedback”). Any Feedback a user submits is non-confidential and will become the sole property of Go Adventure. Go Adventure will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to the user. The User hereby waives any rights that a user may have to the Feedback (including any copyrights or moral rights). Users are discouraged from sending feedback to Go Adventure should the user expect to be paid or want to continue to own or claim rights in the Feedback provided. Go Adventure also has the right to disclose a users identity to any third party who is claiming that any content posted by the user constitutes a violation of their intellectual property rights, or of their right to privacy. Further, the user agrees to not submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party or breaches any agreement between the user and any third party.

Location Information

The Service collects location information and it will be used and disclosed as set forth in

the Privacy Policy.

Disclaimers

The User hereby expressly acknowledges and accepts that the users use of the service is at the sole discretion of the user and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with the user. to the maximum extent permitted by applicable law, the service is provided on an “as is” and “as available” basis. Go adventure disclaims any and all warranties and representations or conditions (express or implied, oral or written) with respect to these terms, the service and all third-party services or third-party materials, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all

(a) warranties of merchantability,

(b) warranties of fitness or suitability for any purpose (whether or not go adventure

knows, has reason to know, has been advised or is otherwise aware of

any such purpose), and

(c) warranties of non-infringement or condition of title;

(d) warranties and conditions of satisfactory quality.

Go adventure does not warrant that the functions contained in the application will be accurate or meet the users requirements or that the operation of the application will be uninterrupted or error-free, or that any defects in the app will be corrected. No oral or written information, guidelines or advice given by Go Adventure or its authorized representatives will create any warranty or guarantee.

Limitation of Liability

Go Adventure makes no representation, nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications or contents thereof / user content / any other product / service advertised /offered by a third party or through the Go Adventure -service /any hyperlinked website. Go Adventure nor any of their direct or indirect affiliates, partners, members, employees or agents shall not be liable for any losses or damages which a user may suffer, regardless of how such losses or damages arise, unless the claims are directly attributable to fraud, dishonesty or gross negligence of Go Adventure or its employees acting in the course and scope of their employment. Go Adventure is under no circumstances responsible for any indirect, special or consequential losses or damages.

Neither Go Adventure nor any of their direct or indirect affiliates, partners, members, employees or agents shall be liable to the user or its affiliates for any loss, liability, or inability to access the app, damage or expense arising out of or in connection with the performance of services contemplated by these terms and conditions, unless such loss, liability, damage or expense shall be proven to result directly from Go Adventures or any of their direct or indirect affiliates, partners, members, employees or agents wilful misconduct.

Go Adventure shall not be held liable for any injury or sickness incurred by any user and the user expressly agrees that he/she will not hold Go Adventure nor any of their direct or indirect affiliates, partners, members, employees or agents liable for any medical accounts or any other accounts as a result of injury or sickness incurred by the user unless such injury or sickness shall be proven to result directly from Go Adventure or any of their direct or indirect affiliates, partners, members, employees or agents wilful misconduct.

To the extent that it is not prohibited by law, in no event will Go Adventure, or its agents, vendors, guide locations, partners or affiliates be liable to the user or any third-party for any direct, incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever including, but not limited to, damages for loss of property, physical losses, death or any other damages or losses, arising out of or related to these terms.

The service (including, the application and any Go Adventure guide), and/or third-party services or materials, however caused, regardless of the theory of liability (contract, warranty, tort), including negligence, whether active, passive or imputed, product liability, strict liability or other theory and in the event that Go Adventure has been advised of the possibility of such damages.

For any loss or damage that is not excluded under these terms, the total liability of Go Adventure and its director, employees, agents, affiliates, guide locations, vendors and investors will not exceed the fee for the particular Go Adventure guide or package from which the loss or damages arose (as opposed to any other fees/costs including, but not limited to, any fees associated with the users device).

Indemnification

The user shall defend, indemnify, and hold Go Adventure and its employees, agents, vendors, guide locations, partners, and affiliates harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by the user or any person using the specific users Go Adventure account.

Third Party Software

The software that the user downloads consists of a package of components, including certain third-party software provided under separate third-party license terms. The users use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, the user may have broader rights under the applicable third party license terms, and nothing in these Terms is intended to impose further restrictions on the users use of this third party software.

Changes to the Service

Go Adventure reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to the user. Go Adventure will not be liable to the user or any third party for any changes or discontinuance of the Service or any part of the Service unless expressly provided for as described in the cancellation’s clause.

Consent to Electronic Communications

By using the Service, the user agrees that Go Adventure may communicate with the user electronically

regarding the users use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify Go Adventure at info@goadventure.travel.

Suspension and Termination

Go Adventure may suspend or terminate the user’s rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at Go Adventure’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms (excluding the license grant) will survive any termination or suspension.

Governing Law; Arbitration

Notwithstanding the place of signature, this Agreement will be construed, executed and delivered in accordance with the laws prevailing in the Republic of South Africa without regard to choose or conflicts of law principles.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service (including, the App or any Go Adventure guide), the user and Go Adventure agrees to consult and negotiate with each other and, recognizing the mutual interests, try to reach a solution satisfactory to both parties.

Should no agreement be reached between parties within a period of 60 days, then either of the parties may, by notice to the other demand mediation according to the laws of The Republic of South Africa. The parties agrees and acknowledges that both parties forfeits their rights to litigate the disputes and may not proceed to approach an appropriate Court with jurisdiction without first attempting mediation, the user and Go Adventure are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by approaching the appropriate Court with jurisdiction in accordance with the laws of The Republic of South Africa.

General

Enforcement of these Terms is solely at Go Adventure’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms. These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Service, and they supersede any prior agreements that may have been made.

Contact Us

If you have any questions about these Terms, please email us at

info@goadventure.travel .

NOTICE REGARDING APPLE

Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad: The user and Go Adventure acknowledges and accepts that these Terms are solely between the user and Go Adventure, and not with Apple, Inc. (“Apple”), and that Go Adventure, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefore, and addressing any claims relating thereto (e.g., product

liability, legal compliance or intellectual property infringement). The User acknowledges and

agrees that the availability of the App is dependent on the third party from which the user received and/or downloaded the App, e.g., the Apple iPhone App Store (“App Store”). The user agrees to pay all fees charged by the App Store in connection with the App (if any). The user further acknowledges that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service (“Apple Usage Rules”) as of the date the user downloaded the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.

Scope of License

The license granted to the user is limited to a non-transferable license to use the App on any

iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage

Rules.

Maintenance and Support

Go Adventure is solely responsible for providing maintenance and support services with respect to the App. The user acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty

The user acknowledges and agrees that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, the user may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by the user, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The user also acknowledges and agrees that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Go Adventure. However, the user understands and agrees that, in accordance with these Terms, Go Adventure has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.

Product Claims

The user and Go Adventure acknowledge and agree that as between Apple and Go Adventure,

Go Adventure, not Apple, is responsible for addressing any of the users claims or any third-party claims relating to the App or the user’s possession and/or use of the App, including, but not limited to

(a) product liability claims,

(b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and

(c) claims arising under consumer protection or similar legislation.

Intellectual Property Rights.

The user and Go Adventure acknowledge and agrees that, in the event of any third-party claim

that the App or the users possession and use of the App infringes that third party’s intellectual property rights, Go Adventure, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

Copyright

In terms of section 21(1)(a) of the Copyright Act, ownership of a copyright shall vest in the author. The definition of an “author” in the Act includes an author in relation to a computer program, or the person who exercised control over the construction of the computer program.

Developer Name and Address

Any end-user questions, complaints or claims with respect to the App should be directed

to: Go Adventure (Pty) Ltd.

Email: info@goadventure.travel

Third Party Beneficiary

The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon the users acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against the user as a third party beneficiary thereof. However, the right of Go Adventure to terminate, rescind or make any change to these Terms is not subject to the consent of any other person.

Introduction

  1. This application (“App”) has been developed and is operated and maintained by or on behalf of Go Adventure (Pty) Limited (“the company”, “we” or “us”).

Go Adventure is committed to protecting the privacy of your personal information whilst striving to provide the very best user experience. Under the Protection of Personal Information Act, No. 4 of 2013 and related laws, we have a legal duty to protect the personal information we collect from you.

  1. We will only collect the information you provide to the App Store /Play Store/ our Application and related stores to register an account. We will only use your information in accordance with this privacy policy.

Description of how we use the information that we collect

  1. The relevant App Store owns the information it collects when you purchase this App through the App Store. You register your account as soon as you have purchased the Application. They may share some of that information with us, depending on the selections you have made. We will use it, as applicable, to:
    1. Provide you with services and/or information that you have requested or products or services that you have ordered through our App, such as Apps and subscriptions to Apps;
    2. Monitor or improve the performance of, and products and services available through our App;
    3. Monitor compliance with our terms and conditions of use of the App, enforce our rights and protect the safety of others including investigating and if necessary removing any content about which we receive a complaint; and /or for any purpose if we are required to do so by any law or other regulatory or government authority.
    4. By providing us with your personal information, you consent to us processing your information as set out in this privacy policy and in any other manner you expressly consent to.

Who we may share your personal information with:

  1. Agents:

We use third parties to perform certain function on our behalf including bookings, orders, sending emails, organising and managing bookings and accommodation arrangements.

They will have access to your personal information, if necessary, to perform their function but they cannot use it or disclose it for any other purpose, unless you have specifically given them consent to do so,

  1. Aggregate Information:

We may share aggregate, non-personally identifiable information, such as demographics and App usage, statistics, with advertisers, sponsors and other organisations.

  1. Third Party Analytics Services:

We may use the Google Analytics or other analytics services to anonymously collect and analyse which pages of the App are viewed and for how long and which links are followed, so that we can provide more content which is of interest to you.

Maintenance and storage information:

Your information is collected through the relevant App Store and by you registering on the application and certain information is passed on to us. We may store that information on servers which are owned and maintained by or on behalf of Go Adventure. We may keep your information for a reasonable period for the purposes set out int his privacy policy.

Links to other websites:

This App may contain links to other websites. Notwithstanding this, we are not responsible for the content or privacy policies of these websites or for third party advertisers. Before using such third-party websites, it is incumbent upon you to check their privacy policy.

  1. The user acknowledges and agrees that by accepting these Terms or using the Service the user affirmatively consents to Go Adventure’s collection, use, disclosure and storage of the user’s location information. The user may revoke consent provided with regards to Go Adventure’s collection, use, disclosure and storage of the users location information at any time by contacting info@goadventure.travel and deleting the App from the users mobile device. Please know that should a user revoke consent by doing one of the foregoing of the deletion or deactivation of the users account, Go Adventure may also retain cached or archived copies of information about the user for a certain period.

Should the user consent to Go Adventure collecting the location information and the user does not subsequently stop and/or halt the collection of this location information, Go Adventure will continue to collect this location information.

Should the user consent to Go Adventure collecting the location information and then subsequently stops and/or halts the collection of this location information and then later consent to the collection of this location information, Go Adventure will thereafter resume with the collection of location information.

Go Adventure takes all reasonable measures to protect the user’s location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

The Service is for the users use and to collect the user’s locations information. The User is prohibited from using the Service to collect another individual’s location information.

Should a user violate any of these restrictions or any other restriction, the user will have breached these Terms, which may subject you to prosecution and damages.

  1. Security:

 

While every effort will be made to adopt appropriate security procedures to help prevent unauthorised access to your information, Go Adventure will not be liable for any attempt to hack or crack or otherwise gain access to any of your information on servers owned and maintained by or on behalf of Go Adventure.

  1. Policy Changes:

By using this App you agree to the terms of this privacy policy and our terms of use. We may amend this privacy policy and/or the terms of use from time to time. If we do so, an updated version will be available through a link in the App. You will be bound by the new terms upon your continued use of this App.

  1. Contact

Any questions regarding this privacy policy must be directed to info@goadventure.co.za

ABOUT GO ADVENTURE

Go Adventure aims to make planning your next trip quick and hassle free. From booking a flight to planning a custom dream getaway, our agents are online 24/7 to ensure a smooth service.

Contact us via social media or message us directly on our website or on WhatsApp. We are waiting to help you.

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