This agreement is between ActivityHub Pty Ltd, here after referred to as ("ActivityHub", "the ActivityHub", "the website", "the platform", "the channel", "the agent", "we", "our") and the person using ActivityHub for the purpose of online bookings for activities, tours and excursions as well as destination research, hereafter referred to as("the customer", "customer", "he", "she", "they", "their", "you", "your")
It is essential that the customer reads these terms and conditions of use carefully before using or obtaining any information, content, products or services through the site. By making use of or accessing the ActivityHub website ("Our Website"), the customer agrees to be bound by these terms and conditions ("Terms"). Should the customer not accept all of these Terms, then they need to ensure that "they" do not make use of ActivityHub. We reserve the right at any time, at our sole discretion, to modify these Terms without prior notice, and your continued use of Our Website signifies your acceptance of the updated Terms.
ActivityHub acts as agents for suppliers within the hospitality and travel industry and provides customers with access to real time availability for tours, excursions and activities or any other related services.
ActivityHub represents suppliers as an Agent only and accepts no liability for any injury, loss, claim, illness, harm, death or damage of any kind which you may suffer as a result of any act or omission on the part of or the failure of the Supplier to fulfil their obligations.
By making use of ActivityHub to book and reserve an activity, you, the customer, enter into a legally binding, contractual relationship directly with the Supplier of the Activity which has been booked and reserved. This contract shall constitute the sole contract between the Supplier and you and any right of recourse that you may have against the Supplier.
Responsibility of Customer
By making use of ActivityHub you warrant:
- that you are of sufficient legal age to enter into a binding legal agreement and obligations;
- that all information supplied by you on ActivityHub is true, accurate, current and complete to the best of your knowledge;
- that you will only make legitimate reservations for yourself or for another person for whom you are legally authorized to act and that you will inform such persons about the terms and conditions that apply to their reservation;
- that should you make use of the ActivityHub member account, you will ensure that your account information remains private and is safeguarded, furthermore you will ensure that you are responsible for your account and accept full responsibility for any activity that might occur under your account.
Ownership & Copyright
All content on ActivityHub, including but not limited to: text, graphics, icons, audio and video clips, digital downloads, data compilations, other material and software ("The Content") together with the collection, arrangement and the compilation of The Content is copyrighted to ActivityHub.
This Content may not be copied, reproduced, sold, displayed, republished, uploaded, posted, transmitted or distributed without the prior written consent of ActivityHub. Customers may only download, display and print The Content presented by Our Website for their own personal, non-commercial.
By doing so, the customer agrees that they may not modify the Content in any way, and they must retain all copyright and trademark notices, including any other proprietary notices, contained within The Content.
Furthermore, the customer agrees that they must not obscure, alter or delete any of these notices.
The customer furthermore accepts that by sharing any information without the express written consent, may lead to copyright infringements from the suppliers and that you indemnify ActivityHub of any wrong doing in this regard.
The customer also accepts that any other products, company names, logos and trademarks contained on the ActivityHub platform are the property of the respective suppliers and used by ActivityHub as means of identification only
ActivityHub grants you a limited, non-transferable license to access and make personal, non-commercial use of Our Website in accordance with the Terms of this agreement. Additionally, you agree not to:
- Access, monitor or copy any of the web pages, data or The Content using any "robot", "spider", "screen scraper" or other automated means or any manual process, for any purpose without the prior written consent of ActivityHub;
- "frame", "mirror" or otherwise incorporate any part of Our Website into any other website without our prior written consent of ActivityHub;
- interfere or attempt to interfere with the proper working of Our Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable load on our computer or network equipment;
- upload or transmit to Our Website software or computer programming routines that may damage, interfere or attempt to interfere with, the normal operation of Our Website;
- post or transmit via Our Website any unlawful, harmful, libellous, abusive, threatening, harassing, defamatory, vulgar, obscene, profane, hateful, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate the rights of others, or otherwise violate any local, national or international law;
- violate the restrictions found in any of our page headers or our search engine exclusion file on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
- post false or misleading information on Our Website;
- promote, sell or imply that ActivityHub is endorsing your services or products, through the use of Our Website;
- translate into any language or computer language, reverse engineer or create derivative works from, The Content or any part of Our Website;
ActivityHub may, at our sole discretion, at any time and without notice or liability, suspend, terminate or restrict your access to the Website.
Please be aware that by voluntarily submitting any content to Our Website, electronic mail or otherwise, including but not limited to any Activities, tour, excursion or attractions reviews, graphics, images, video clips, questions, comments, suggestions, ideas or any other material ("User Submissions"), you grant ActivityHub and its affiliated companies, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, display such User Submissions in any form or media.
Furthermore, you grant ActivityHub the right to pursue at law any person or entity that violates your or ActivityHub's rights in the User Submissions by a breach of this agreement. You grant ActivityHub the right to use the name that you submit in connection with such User Submissions. You represent and warrant that you own or otherwise control all of the rights to the User Submissions; that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person.
ActivityHub has the right but not the obligation to monitor User Submissions and reserves the right to edit or remove any User Submissions. ActivityHub takes no responsibility for any User Submissions displayed.
Disclaimer of Warranties and Limitation of Liability
ActivityHub operates as an online marketplace where suppliers are responsible for the accuracy of their information. Although every effort has been made to ensure the accuracy of the details of all the services and products on offer on Our Website, these details including but not limited to, all information, content, materials, products, software and services included on or otherwise made available to you through Our Website are provided by ActivityHub on an "as is" and "as available" basis.
ActivityHub makes no representations or warranties of any kind, express or implied, as to the operation of Our Website or the accuracy, completeness, currency or reliability of any of the information, content, materials, products, software or services included on or otherwise made available to you through Our Website.
ActivityHub does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information, ratings, reviews and description of the Suppliers displayed on Our Website or included within communications with ActivityHub or the Suppliers, as much of this information is provided by the respective Supplier.
ActivityHub expressly disclaim any representation or warranty that Our Website will be free of viruses, that our services will be available uninterrupted and communications to or from Our Website will be secure and not intercepted.
By continuing to use ActivityHub, you expressly agree that your use of Our Website is at your own sole risk.
By offering these Activities, ActivityHub does not represent or warrant that such Activities are advisable, suitable or without risk, and is not liable for damages or losses that may result from participating in an Activity.
Furthermore, it is the responsibility of the customer to ensure that the activity provider has the necessary insurance and permits required to operate the activity. These will be displayed on the website if applicable.
In no event shall ActivityHub be liable for any injury, loss, claim, damage, or any direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind, whether based on a theory of negligence, contract , tort, strict liability, or otherwise, which arise out of or are in any way connected with (i) any use of Our Website or content found therein, (ii) any failure or delay, or (iii) the performance or non-performance by ActivityHub, its agents or the Suppliers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
The activity providers and the Suppliers providing services or products on Our Website are independent contractors and not agents or employees of ActivityHub. ActivityHub shall not be held liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. ActivityHub and our Suppliers have no liability and will make no refund in the event of any delay, cancellation, or overbooking resulting from a strike, force majeure or other cause beyond ActivityHub or the Supplier's direct control, and they have no responsibility for any additional expense, omissions, delays or re-routing.
If, despite the limitation above, ActivityHub is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitations or exclusions of liability above, then ActivityHub liability will in no event exceed the greater of the service fees earned by ActivityHub in connection with such transaction.
You agree to defend and indemnify ActivityHub and their agents, and each of their respective officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of this agreements, your use of Our Website, your violation of any law or the rights of any third party.
Online Payments: MyGate Payment Gateway
All online payments are processed by the MyGate Payment Gateway. Consumers may go to www.mygate.co.za to view MyGate's security policies.
Reservations, Amendments & Cancellations
ActivityHub works on a Realtime availability system and all reservations are instantly booked and confirmed. Full payment is immediately required to confirm and book the activity. In the event that that the credit card is not successfully processed, the booking will immediately become null and void and the customer will need to restart the booking process. No bookings can be held without full payment. Should a situation arise whereby the customer requests to pay via bank transfer (only for transactions from South African Banks), the customer agrees that they confirm the booking and will abide by the cancellation policy of booking, in the event that the customer no longer want to take part in the activity.
Upon submitting your reservation, you authorize ActivityHub to facilitate Activity reservations, on your behalf, including payments withSuppliers and other related suppliers.
You agree that all bookings are subject to immediate payment via credit card via our 3d secure payment gateway for the stipulated amount.Furthermore you agree that you are the owner of the credit card or have the express written consent of the owner of the credit card to facilitate transactions and may be requested to provide this evidence at any time. You agree that you will be held liable in the event that a fraudulent transaction has occurred.
By making a reservation with the Supplier, you accept and agree to the relevant cancellation, amendment and no-show policies of the Supplier, including any additional terms and conditions of the Supplier that may apply to your reservation.
Whilst we have made every effort to ensure accuracy and availability, some errors might still occur and we reserve the right to correct or amend reservations. Once aware of such incidents we will make all reasonable effort to advise you within 2 working days. In the event of a price correction to a reservation, we will offer you the opportunity to keep your reservation at the correct price, or at your option, we will cancel your reservation without penalty. This right applies whether or not the reservation has been confirmed and/or payment received.
In the unlikely event of the Supplier cancelling your reservation or making significant changes to the Activity booked such as tour dates, prices, inclusions, restrictions or age requirements, we will make all reasonable efforts to advise you as soon as possible. Should the Supplier be unable to fulfil your reservation, you will have the choice of accepting an offered alternative or cancelling your reservation with a full refund of all monies paid.
You may cancel or change your reservation, but you will be charged the cancellation or amendment fee indicated during the reservation process. All date changes and amendments are subject to availability of our suppliers and ActivityHub cannot guarantee the success of any change request. Cancellation terms vary between Activities, and those pertaining to each Supplier are clearly indicated during the reservation process. You agree to abide by these cancellation terms and conditions imposed with respect to your Activity reservations.
In the event you do not show for the start of the Activity and plan to sign-in after commencement, you must confirm the reservation changes with the Supplier prior to commencement to prevent cancellation of your reservation. Late sign-ins are at the discretion of the Activity providers and usually dependent on the type of Activity being offered.
ActivityHub strongly advises you to take out adequate insurance cover such as cancellation due to illness, injury or accident, personal accident and personal liability, loss of or damage to baggage, particularly should this reservation be a substantial purchase, physically challenging or you find the cancellation policy highly onerous. ActivityHub will not be responsible or liable if you fail to take adequate insurance cover or at all.
These terms and conditions shall be governed in accordance with the laws of the Republic of South Africa. You hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes of any sort that might arise between you and ActivityHub.
You agree that no joint venture, partnership, agency, or employment relationship exists between you and ActivityHub as a result of this Agreement or the use of Our Website.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the parties with regard to the subject matter hereof.