Terms of Service for YourTravel.Center
This agreement is in effect as of July 31, 2019.
We reserve the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the website or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription as Login in your Account, follow My Account/My Membership and follow the instruction.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; Iii. Contains any type of unauthorized or unsolicited advertising; Iiii. Impersonates any person or entity, including any YourTravel.Center employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless YOUR TRAVEL CENTER Pty Ltd. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that: i) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from YOUR TRAVEL CENTER Pty Ltd. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement. YOUR TRAVEL CENTER Pty Ltd acts as a marketplace aiming at providing a marketing tool for travelers to book and rent vacations/properties. YOUR TRAVEL CENTER Pty Ltd is not a part or party of your rental activities or transactions. YOUR TRAVEL CENTER Pty Ltd is not responsible for chargebacks, cancellations, refunds, or any disputes between hosts and guests.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. YOUR TRAVEL CENTER Pty Ltd. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. As a guest, you are exclusively responsible for making your payments and you agree that payments are made directly to the host. The host can use the right to cancel your booking request if payments are not made within the due dates range. YOUR TRAVEL CENTER Pty Ltd has no liability for any of your actions. Payments are discussed only between hosts and guests. YOUR TRAVEL CENTER Pty Ltd is not and in no event is going to be a party of rental activity between you and the host.
SUBSCRIPTIONS - Refund and Cancellation
There are various payment options and subscription plans available for using our Services. These options and plans can be found in the individual Services and may change from time to time. Once you register for a free membership or free trial or your initial payment is processed, your subscription has begun, and you can immediately access the relevant Service.
1. Automatic Renewals of Subscriptions.
Subscriptions automatically renew, except for pay-per-use services. This means that once you sign up for a free trial or become a subscribing member, your subscription will automatically renew based on the subscription plan you chose (e.g. annually,quarterly, etc.). You will be charged the rate stated at the time of purchase (plus applicable taxes, such as value added tax when the stated rate doesn’t include VAT) at the beginning of each billing term of your subscription via the billing method you have provided to us. Please ensure that your billing information is correct to prevent your subscription from lapsing.
Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Your Travel Center will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below.
2. Cancellations and Refunds.
You may cancel your subscription by using the cancel button in My Account / My Membership / My Subscriptions or submit a ticket in My Account / My Tickets. All refunds will be credited to the billing method associated with your account.
Unless otherwise stated in the terms of your subscription, the following terms will apply:
Some of the Services allow you to register for a free trial so you can try the Services before starting a paid subscription. If you register for a free trial, you may cancel at any time during the free trial period and incur no charge. If you do not cancel during the free trial period, your paid subscription will start once your free trial period ends.
Subscriptions billed on a quarterly basis may be cancelled at any time prior to two business days before your renewal date but are not eligible for a refund. If you cancel your quarterly subscription, you will retain access to your Services for the remainder of that quarter year. If you do not cancel your subscription prior to two days before your renewal date, we will renew your subscription for one more quarter of a year.
Subscriptions longer than three months may be cancelled during the first 14 days for a full refund, if you didn’t used the following services: Post a TumboTask, Messaging a Partner, Direct Booking in our Partner Directory. If this subscription begins with a free trial, the 14 day period begins after the free trial ends. If you cancel this type of subscription after the first 14 days, you will not receive a refund, but you will retain access to the relevant Services for the remainder of your subscription period, after which your subscription will be cancelled. If you do not cancel your subscription within your subscription period, we will renew your subscription for an additional term equivalent in length to your current subscription.
Free lifetime Subscriptions:
Some of the Subscription Plans allow you to register for free so you can use the Services. The Services could be limited or Services are only accessible for a specific user group or for some Services you will have to pay a fee. You may cancel at any time and incur no charge. The information/data you may have provided like listings in our Partner directory will be deleted after cancellation of your subscription. We reserve the right to delete inactive or unused accounts after a period of 12 months.
Affiliate Account:Please transfer your positive Affiliate balances to your TumboWallet before cancellation of your account.
Some Services may be purchased in varying quantities. Please make sure your account balance in your TumboWallet is zero on the end of your subscription or submit a refund of the remaining positive amount. For any amount less than 50Euro we charge an additional transfer fee of 5 Euro.
All content and materials available on YourTravel.Center, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of YOUR TRAVEL CENTER Pty Ltd., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by YOUR TRAVEL CENTER Pty Ltd..
Termination of UseYou agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by YOUR TRAVEL CENTER Pty Ltd. from our offices located in the city of Cape Town, South Africa. It can be accessed by most countries around the world. As each country has laws that may differ from those of South Africa, by accessing our website, you agree that the statutes and laws of South Africa, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the High Court located in Cape Town, South Africa. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, YOUR TRAVEL CENTER Pty Ltd. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
YOUR TRAVEL CENTER Pty Ltd.
10 Durban Drive
Somerset West, Cape Town 7130