Terms & Conditions
1. SCOPE OF WORKATION© SERVICES
1.1 The WORKATION© platform is an online and mobile application that enables registered users (“Nomads”) and third parties who offer services (“Hosts”) to publish Host Services on the Workation Platform (“Listings”) and to communicate and transact directly with Nomads who are seeking to utilise such Host Services.
Host Services include the offering of properties (or sections thereof) for short-term use.
1.2 WORKATION© only provides the marketplace and does not own, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services.
1.3 When Nomads or Hosts make or accept a booking, they are entering a contract directly with one other. WORKATION© is not and does not become a party to or otherwise participate in any contractual relationship between Nomads and Hosts, nor is WORKATION© a real estate broker or insurer.
1.4 If you choose to use the WORKATION© Platform as a Host, your relationship with WORKATION© is limited to being an independent, third-party contractor and you act exclusively on your own behalf and for your own benefit.
1.5 To promote the WORKATION© Platform and to increase the exposure of Listings, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 To assist Nomads who speak different languages, Listings and other Member Content may be translated, in whole or in part. WORKATION© cannot guarantee the accuracy or quality of such translations and Nomads are responsible for reviewing and verifying the accuracy thereof. The WORKATION© Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a purpose and non-infringement.
1.7 WORKATION© cannot guarantee the continuous and uninterrupted availability and accessibility of the WORKATION© Platform. WORKATION© may restrict the availability of the WORKATION© Platform or certain areas or features thereof, if this is necessary for capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WORKATION© Platform. WORKATION© may improve, enhance and modify the WORKATION© Platform and introduce new WORKATION© Services from time to time.
These Terms and Conditions shall govern your use of this platform, including this website, all pages within this website (collectively referred to herein below as this “Website”).
These Terms and Conditions apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and minors will also not be entitled to engage in a legal agreement with WORKATION©
This document describes the interim Terms and Conditions of WORKATION© 2017 and will be altered or updated in time. The full Terms and Conditions will be introduced to all WORKATION© digital channels upon completion of the development and launch thereof. It is your responsibility to ensure that you are aware of any changes to the above.
All rights reserved. WORKATION (Pty) Ltd.
2. INTELLECTUAL PROPERTY RIGHTS
Under these Terms, WORKATION(Pty) Ltd and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and:
- Creating a user profile on the website
- Expressing interest in becoming a “Nomad” or “Host”
- Engaging in the website competition element
You are expressly and emphatically restricted from all the following actions:
- Publishing any Website material in any media;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Publicly performing and/or showing any Website material;
- Using this Website in any way that is, or may be, damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- vi. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- Using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access and WORKATION(Pty) Ltd may further restrict access to any areas of this Website, at any time, in its sole and absolute discretion.
Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. By choosing to display Your Content, you grant WORKATION(Pty) Ltd a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in all media.
Your Content must be your own and must not infringe on any third party’s rights. WORKATION(Pty) Ltd reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. NO WARRANTIES
This Website is provided “as is,” inclusive of all faults, and WORKATION(Pty) Ltd makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website.
Additionally, nothing contained on this Website shall be construed as providing consult or advice.
6. LIMITATIONS OF LIABILITIES
In no event shall WORKATION(Pty) Ltd, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and WORKATION(Pty) Ltd including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify the WORKATION(Pty) Ltd from and against all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these collective Terms unenforceable or invalid and such provisions shall be deleted without affecting the remaining provisions herein.
9. VARIATION OF TERMS
WORKATION(Pty) Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all Terms and Conditions governing the use of this Website.
WORKATION(Pty) Ltd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or required consent. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between WORKATION(Pty) Ltd and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
12. GOVERNING LAW & JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa, and you submit to non-exclusive jurisdiction of the state legislature, for the resolution of any disputes including any legal notices and disclaimers contained on this Website, hereby constituting the entire agreement between WORKATION(Pty) and yourself.