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Gaarlic Terms and Conditions

    1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

    1. Copyright notice

2.1 Copyright (c) 2018 Gaarlic.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

    1. Terms and conditions with buyer

3.1 Gaarlic is a 3rd party supplier and hence all bookings and payments are made directly with the supplier.

3.2 Any queries, cancellations and booking changes, the buyer must deal directly with the property.

3.3 Gaarlic does not accept payments on behalf of the supplier. Hence holds no liability. By making a reservation with the supplier, you accept and agree to the relevant cancellation and no-show policy of that supplier, and to any additional terms and conditions including the fine print made available on the suppliers booking system.

3.4 Any disputes must be taken up directly with the supplier.

 

  1. Terms between Gaarlic and property/suppliers
  1. Listing on Gaarlic is free.
  2. Commissions: 15% commission is payable for any booking generated via the Gaarlic website.
  3. Nightsbridge Clients: Commissions due to Gaarlic is collected via GAARLIC when deposit is paid and will be paid directly to Gaarlic from GAARLIC.
  4. When owning more than one establishment, a separate application form should be completed for each of the properties.
  5. Gaarlic reserves the right to decline any establishment listing request, for no given reason.
  6. The establishment owners / authorized persons agree that any guest comments may be published on travelpal or in any printed / electronic advertising form. Gaarlic is not liable or responsible in any way for the verification or accuracy of any guest comments made.

 

  1. Terms and conditions of supply

5.1 Service providers must use the website interface to create legal notices applying to their relationships with service buyers.

5.2 Service providers must ensure that:

(a) legal notices are sufficient to meet the service provider’s legal disclosure obligations and other legal obligations; and

(b) they comply with all laws applicable to their service listings and supplies of services, including where applicable the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

5.3 Except to the extent that a buyer and service provider expressly agree otherwise, the following provisions will be incorporated into the contract of for the supply of services between the buyer and the service provider:

(a) the price for the services will be as stated in the relevant service listing;

(b) other amounts and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the service listing;

(c) provision of the services must be made within 30 days following date the contract for the supply of the services comes into force or such shorter period as the buyer and service provider may agree;

(d) appropriate means of provision of services must be used by the service provider; and

(e) services must be provided with reasonable care and skill and must conform in all material respects to the description of the services in the service listing and any other description of the services supplied or made available by the service provider to the buyer.

5.4 If the service provider is a trader and the buyer is a consumer, the provisions of Section 5 shall be incorporated into the contract for the supply of services between the buyer and the service provider.

5.5 Both buyers and service providers undertake to comply with the agreed terms and conditions of supply.

 

  1. Licence to use website

6.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

  1. 2 Except as expressly permitted by Section 6.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

6.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

6.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

6.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

6.6 Notwithstanding Section 6.5, you may redistribute our newsletter and social media posts in electronic form to any person.

6.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

  1. Acceptable use

7.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

7.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

  1. Use on behalf of organisation

8.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

  1. Buyer registration and accounts

9.1 This Section 6 applies to buyers and prospective buyers.

9.2 To be eligible for a buyer account on our website under this Section 6, you must be at least 18 years of age and resident in South Africa.

9.3 You may register for a buyer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

  1. Service provider registration and accounts

10.1 This Section 10 applies to you if you are, or wish to be, a service provider offering services to buyers through our website.

10.2 To be eligible for a service provider account on our website under this Section 10, you must be operating a business and:

(a) if you are a sole trader, you must be at least 18 years of age and resident in South Africa;

(b) if you are a partnership, you must be established under the laws of South Africa; and

(c) if you are a limited company or other limited liability entity, you must be incorporated in United Kingdom.

10.3 You may register for a service provider account with our website by completing and subscribing and creating a business listing on our website, and clicking on the verification link in the email that the website will send to you.

  1. User login details

11.1 If you register for an account with our website, you will be asked to choose a user ID and password.

11.2 You must keep your password confidential.

11.3 You must notify us in writing immediately if you become aware of any disclosure of your password.

11.4 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

12.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

12.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 12.2.

  1. Reviews

13.1 We publish reviews of products and services on our website.

13.2 Reviewers are or may be independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.

13.3 You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.

13.4 You should not rely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.

13.5 Subject to Section 24.1, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.

13.6 You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 24.1, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.

  1. User reviews

14.1 We publish reviews by users on our website.

14.2 Any user may submit reviews for publication on our website, subject to these terms and conditions.

14.3 Your reviews must be honest, reasonable and bona fide reviews of accommodation rentals.

14.4 You may only post a review if you have stayed at the property that you are reviewing.

14.5 You must not post a review if:

(a) you have a financial interest in the subject matter of the review;

(b) you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; and/or

(c) you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

14.6 For the avoidance of doubt, your reviews constitute “your content” for the purposes of Section 19 and Section 20.

14.7 You acknowledge that we may publish and otherwise use, in conjunction with your reviews, your user ID, but we shall have no obligation to do so.

14.8 You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.

14.9 You acknowledge that the user reviews published on our website are submitted by users, and that we do not usually review, approve or edit such reviews; accordingly, we do not warrant the completeness or accuracy of the user reviews.

  1. Service provider listings

15.1 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

15.2 If we permit the publication of a listing, it will remain published on our website for indefinitely, subject to these terms and conditions.

15.3 Listings submitted to our website must be true, fair, complete and accurate in all respects.

15.4 Listings submitted to our website must constitute bona fide listings relating to travel.

  1. Service rules

16.1 The only services that may be the subject of a listing on our website are services falling within the following categories: all service providers relevant to the travel industry. Accomodation, restaurants, activities..

16.2 You must not use our website to advertise, buy, sell or supply physical products, intangible products or downloadable products.

16.3 You must not advertise, buy, sell or supply through or in relation to our website any service that:

(a) breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b) involves the supply, distribution or publication of any material that would, if published on our website by you, contravene the provisions of Section 4 or Section 20; or

(c) relates to drugs, narcotics, steroids or controlled substances; relates to pornography or obscene, indecent or sexually explicit materials; encourages or facilitates criminal acts or civil wrongs; or encourages or facilitates the infringement of any intellectual property right.

  1. The buying and selling process

17.1 You agree that a contract for the purchase and supply of a service or services will come into force between you and another registered website user, and accordingly that you commit to purchasing or supplying the relevant service or services, in the following circumstances:

(a) a buyer must place the ‘book now’ button on the Gaarlic website

(b) the booking is done via the Nightsbridge system and hence the buyer will deal directly with the seller/property for cancellations, confirmations, payment

(d) the buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer’s payment to the service provider; buyers must submit payment in full via credit or debit card;

  1. Our role

18.1 You acknowledge that:

(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b) we do not check, audit or monitor the information contained in listings;

(c) we are not party to any contract for the sale or supply of services advertised on the website (except the marketplace services made available to buyers and services providers under these terms and conditions);

(d) we are not involved in any transaction between a buyer and a service provider in any way, save that we facilitate a marketplace for buyers and service providers and process payments on behalf of service providers;

(e) we are not the agents for any buyer or service provider,

and accordingly we will not be liable to any person in relation to the offer for sale or supply of any services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any services and we will have no obligation to mediate between the parties to any such contract.

18.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 24.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

18.3 The provisions of this Section 19 are subject to Section 24.1.

  1. Your content: licence

19.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

19.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

19.3 You grant to us the right to sub-license the rights licensed under Section 19.2.

19.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 19.2.

19.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

19.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

19.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

20.1 You warrant and represent that your content will comply with these terms and conditions.

20.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

20.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

20.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

20.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

20.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

  1. Provision of contact details

21.1 Save where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).

  1. Report abuse

22.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

22.2 You can let us know about any such material or activity by email email@gaarlic.com .

  1. Limited warranties

23.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

23.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

23.3 To the maximum extent permitted by applicable law and subject to Section 24.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

24.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

24.2 The limitations and exclusions of liability set out in this Section 25 and elsewhere in these terms and conditions:

(a) are subject to Section 24.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

24.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

24.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

24.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

24.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

24.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

24.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Indemnity

25.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

  1. Breaches of these terms and conditions

26.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

26.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Third party websites

27.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

27.2 We have no control over third party websites and their contents, and subject to Section 25.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

28.1 Gaarlic, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

28.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  1. Variation

29.1 We may revise these terms and conditions from time to time.

29.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

  1. Assignment

30.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

30.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

31.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

31.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

32.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

32.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

33.1 Subject to Section 24.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

34.1 These terms and conditions shall be governed by and construed in accordance with United Kingdom law.

34.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of United Kingdom.

  1. Statutory and regulatory disclosures

35.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

35.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

35.3 These terms and conditions are available in the English language only.

  1. Our details

36.1 This website is owned and operated by Gaarlic.

36.3 You can contact us:

(b) by email, using email@gaarlic.com.