Terms and Conditions
Last updated [June, 17, 2022]
WEBSITE TERMS AND CONDITIONS OF USE
1. Acceptance of the Terms
WHEREAS the Customer and the Contractor agree as follows:
You acknowledge and agree that by registering for and/or using Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal, you, as a Customer or Contractor and/or Freelancer, expressly agree to be bound by the following terms and conditions, as may be updated and amended by Momentous Travel t/a Cape of Good Hope Tours from time to time at its sole discretion (“Agreement”). Any amendments to this Agreement shall become effective and binding on the Customer or Contractor as soon as the amendments have been transmitted to the Customer or Contractor and/or published on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal (as applicable). This Agreement contains the terms and conditions that govern the Customer or Contractor and/or Freelancer’s access to, and use of, the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal and is an agreement between Momentous Travel t/a Cape of Good Hope Tours and the Contractor and/or Freelancer.
2. Nature of services
2.1 Momentous Travel t/a Cape of Good Hope Tours shall make available and/or host, maintain and market, a marketplace or website and/or contractor’s portal where the Contractor’s services may be booked by the Customer subject to the Customer’s discretion and/or choice and the Contractor’s having indicated availability to render service to the Customer on their days off calendar thereof.
2.2 The Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal is a marketplace whereby the Customers enjoy access to assess and identify the Contractor and/or Freelancer’s listings directly and independently of Momentous Travel t/a Cape of Good Hope Tours. The Company shall host all web tools, scheduling tools, invoicing tools and any other tools as made available on the website and/or contractor’s portal strictly for the sole purpose of facilitating the established direct relationship between the Customer and Contractor and/or Freelancer.
2.3 No employer/employee relationship of any nature whatsoever is created by the terms of this agreement, or by the Contractor and/or Freelancer registering for and/or rendering services as secured through Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
3. Interpretation
3.1 No provision shall be construed against or interpreted to the disadvantage of any party by reason of such Party having or being deemed to have structured or drafted such provision. The rule of interpretation that an agreement will be interpreted against the Party responsible for the drafting and any similar rules of interpretation shall not apply to this Agreement and the Parties waive any rights they have to rely on such rules.
3.2 Terms other than those defined within this Agreement will be given their plain English meaning, and those terms, acronyms, and phrases known in the information and communications technology industry shall be interpreted in accordance with their generally accepted meanings.
3.3 If any conflict exists between the provisions of this Agreement and any Annexures attached hereto, the provisions of the Annexures shall prevail.
3.4 When any number of days is prescribed in this Agreement, it shall be reckoned to exclude the first and to include the last day.
3.5 Any reference in this Agreement to legislation or subordinate legislation is to such legislation or subordinate legislation at the date of signature hereof and as amended and/or re-enacted from time to time.
3.6 Words importing the singular shall include the plural, and vice versa, words importing the masculine gender shall include the feminine and neuter genders, and vice versa and words importing natural persons shall include legal persons and vice versa.
4 Customer booking processing
4.1 Customers requesting services through the Momentous Travel t/a Cape of Good Hope Tour’s website and/or contractor’s portal will make a booking using the Momentous Travel t/a Cape of Good Hope Tours checkout and relevant third-party payment gateway.
4.2 The Contractor and/or Freelancer shall manage all bookings via Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal and shall indicate dates and times on his availability calendar thereto.
4.3 After the Customer has paid a deposit or full amount of the booking, the Customer’s booking for services to be rendered by the Contractor and/or Freelancer will automatically update to “approved” or similar and the Contractor and/or Freelancer will render his services on the date booked, being the date which the Contractor and/or Freelancer having indicated his availability on the provided calendar.
4.4 Should the need to reschedule the confirmed booking arise, such would rest on the responsibility of both the Contractor and the Customer. The Customer and Contractor understands and agrees that Momentous Travel t/a Cape of Good Hope Tours will not be party to communication and/or arrangements made between the Contractor and the Customer to this effect.
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4.5 The Contractor will only receive bookings that have been paid for either partial or in full by the Customer and accepted through the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
4.6 The Contractor is required to keep a manual attendance record for all the services rendered, such attendance must be signed for by the Customer.
4.7 The Contractor is required to complete a manual attendance record from when he arrives at the Customer’s premises for rendering the booked services to when he leaves and/or departs from the Customer’s premises after having completed the work. The Contractor must indicate the times of arrival and departure thereto in his manual record.
4.8 The Company will not be held liable for any credit card fraud and/or related activity occurring in connection with any booking processed through Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
4.9 The Contractor shall bear the full risk in and to any valid cancellation of a booking by a Customer, and expressly acknowledges that Customers may have additional rights against the Contractor as a result of the terms and conditions contained on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
4.10 The Contractor and/or Freelancer bears the responsibility to be aware and/or to attend all their appointments and/or bookings made by the Customer through Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal. The Contractor at their own expense through Momentous Travel t/a Cape of Good Hope Tours and/or contractor’s portal, shall be solely responsible for, and bear all liability for, processing and amending of service totals and/or Contractor’s invoice totals relating to any changes by the Customer and for sending out the final Contractor’s invoices to be paid by the Customer. The Contractor is also responsible for and without limitation any ad hoc customer service requests from Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
4.11 The Contractor understands and agrees that the bares full responsibility to ensure that the Contractor’s invoices generated by Momentous Travel t/a Cape of Good Hope Tours reflect correct details including but not limited to names, addresses, VAT number (if applicable) and the correct total value of services rendered including any amendments and/or additions as agreed between the Contractor and the Customer.
4.12 The Contractor understands and agrees that they shall be obliged to honour all the confirmed bookings the had indicated to be available via the availability calendar and provided for on the website and/or contractor’s portal, notwithstanding that the responsibility to remain informed of any new and/or existing bookings solely lies with the Contractor and/or Freelancer.
4.13 The Customer and Contractor understands and agrees that in the event of the system or payment gateway not working or for any other reason including but not limited to instances where the customer elects and/or insists on paying via EFT, Momentous Travel t/a Cape of Good Hope Tours reserves the right to exercise discretion to implement any workaround solution or any other solution. Momentous Travel t/a Cape of Good Hope Tours will distribute funds accordingly given the gateway will not impose any technical issues.
4.14 The Contractor understands and agrees that Momentous Travel t/a Cape of Good Hope Tours reserves the right to re-allocate the contractor’s scheduled and/or booked job to other contractors in instances where there may be issues with the contractor’s work and/or ability or capacity to render services. The contractor may forfeit any earnings to such bookings and shall have no claim against Momentous Travel t/a Cape of Good Hope Tours.
5. Customers and customer service
5.1 The Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal is a marketplace to enable Customers and Contractors and/or Freelancers to find and transact directly with each other.
5.2 Momentous Travel t/a Cape of Good Hope Tours does not introduce Contractors and/or Freelancers to Customers, select jobs for Contractor and/or select the Contractors for Customers.
5.3 The Contractor and/or Freelancer bears the responsibility to make himself informed and/or available to render services to the Customer for any bookings and/or appointments made by the Customer through Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
5.4 The Customer and Contractor agrees and acknowledges that Momentous Travel t/a Cape of Good Hope Tours is not a party to the relationship and/or contract of service or any dealings between the Contractor and the Customer.
5.5 The Contractor and/or Freelancer will always represent themself as a separate entity from Momentous Travel t/a Cape of Good Hope Tours when rendering services booked by the Customer through Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
5.6 Momentous Travel t/a Cape of Good Hope Tours will not be held liable for any claims including but not limited to injury, theft, damages, call-back’s due to poor workmanship and/or death as a result of the Contractor and/or Freelancer having been present at the Customer’s premises and/or anywhere else.
5.7 Without limitation, the Customer and Contractor and/or Freelancer is solely responsible for:
5.7.1 determining the suitability of a contractor or customer for a booking;
5.7.2 negotiating, agreeing to, and executing any terms or conditions of Service Contract entered between contractor and the customer, however, such shall not conflict and/or contradict any of the users’ terms and conditions including but not limited to any clauses of this agreement as contained herein and which may be reflected and updated from time to time on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
5.7.3 the customer and Contractor understands, agrees and acknowledges that they are solely responsible for assessing whether to accept and/or secure a booking and/or enter into the service contract with the customer or contractor and verifying any information about such customer or contractor;
5.8. Momentous Travel t/a Cape of Good Hope Tours does not make any representations about or guarantee the truth or accuracy of any customers or contractors credentials and or the Contractor or Customer’s content on the website and/or contractor’s portal and does not verify any feedback or information provided by the Customer about the Contractor and does not perform a background check and/or guarantees work for the Contractor.
5.9 The Contractor agrees and understands that it is his sole responsibility to ensure the safety and security of his contractor’s portal account, to further ensure that he does not share any log in details including passwords with any third party. Momentous Travel t/a Cape of Good Hope Tours will not be held liable for any breach of security including any unauthorised access arising from the Contactor’s negligence.
6. Referral Fees, Payments, and Refunds
6.1 The Company will earn a Referral Fee equal to a percentage or fixed amount of the total value of services rendered and/or proceeds of sale from each sale and/or completed service of the Contractor through the Momentous Travel t/a Cape of Good Hope Tour’s website and/or contractor’s portal.
6.2 The Referral Fees are subject to change at any time, without prior notice to the Contractor and/or Freelancer and shall be effective as soon as the changes are reflected on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
6.3 The Customer may be required to make a deposit or full payment, the balance if outstanding will be paid by the Customer once the Contractor has rendered the services up to the Customer’s satisfaction. Upon part and/or full payment of the Contractor’s invoice by the Customer, the payment gateway will automatically disburse Momentous Travel t/a Cape of Good Hope Tour’s referral fee. The balance thereto will be payable to the Contractor less any further necessary deductions that may be justified from time to time.
6.4 The Contractor and/or Freelancer bears full and/or sole liability to issue any Refunds as requested by the Customer from time to time. Issues relating to Refunds are to be addressed directly between The Contractor and the Customer. Momentous Travel t/a Cape of Good Hope Tours will not be held liable for any Refunds related claims.
6.5 Momentous Travel t/a Cape of Good Hope Tours may at its own discretion refund any referral fees to the Customer on a case-to-case consideration. The Customer and Contractor and/or Freelancer understands and agrees that this clause does not in any way give rise to entitlement and/or expectation towards the Contractor and/or Freelancer or the Customer that the Company binds itself to any liability relating to refunds.
6.6 The Contractor expressly acknowledges and accepts that payment of the Contractor’s share shall at all times be subject to the Customer having paid for services rendered via Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal. The Contractor shall have no liability to Momentous Travel t/a Cape of Good Hope Tours, and the Contractor shall have no claim against Momentous Travel t/a Cape of Good Hope Tours, for any failure by Momentous Travel t/a Cape of Good Hope Tours to make payment of the Contractor’s share in circumstances whereby the Customer has not paid the Contractor’s invoice in full for services rendered.
6.7 The Contractor understands and agrees that the Contractor’s invoice generated by the website and/or contractor’s portal is deemed to be an invoice directly from the Contractor to the Customer and excludes Momentous Travel t/a Cape of Good Hope Tours. All the Contractor’s invoices for each booking shall be rendered via the website and/or contractor’s portal.
6.8 The Contractor understands and agrees that Momentous Travel t/a Cape of Good Hope Tours at its own discretion and without prior notice to the Contractor shall run any necessary promotions, discounts, specials, and/or coupons to customers from time to time. The Contractor’s invoice will be reduced by an amount proportional to the value of the promotions, discounts, specials, and/or coupons.
6.9 If the Company concludes that the Contractor’s actions and/or performance in connection with this Agreement may result in customer disputes, chargebacks or other claims, then the Company may, in its sole discretion, delay initiating any remittances, withhold any payments to be made or that are otherwise due to Contractor under this Agreement for:
6.9.1 a period of ninety (90) days following the initial date of suspension; or
6.9.2 completion of any investigation(s) regarding Contractor’s actions and/or performance in connection with this Agreement.
7. Contractor and/or Freelancer’s Machinery and Equipment
7.1 The Contractor shall be solely responsible for the adequate maintenance and uptime of all their machinery, equipment, products and including the Contractor’s smart mobile phone or portable personal computer to allow him easy access on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal to ensure that he has the necessary capacity to fulfil the Customers bookings received via Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
7.2 The Contractor shall be solely responsible for ensuring that the chemicals used as safe for humans and pets and would not cause any damage and/or harm to the Customer, the Customer’s property, and/or the Contractor’s employees and property.
8. Contractor’s powers and duties
8.1 The Contractor has the right, power and authority to grant the rights and licenses hereunder free and clear of any claims, liens and encumbrances and to list his services on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
8.2 The Contractor and all of his employees, subcontractors, agents and suppliers will comply with all applicable Law, as may be amended from time to time, in performing any of its obligations or exercising any of its rights under or relating to this Agreement. The Contractor shall not procure services of child labour and/or forced labour and shall ensure that all his employees have the necessary legal and valid authority, status and/or work permit(s) to perform any work in the Republic of South Africa in the fulfilment of their duties under this Agreement.
8.3 The Contractor shall perform all such duties and exercise all such powers in relation to the business of the Company as may from time to time be vested in or assigned to them by the Company.
8.4 The Contractor shall comply with all reasonable directives from time to time given to him by the Company and with all rules and regulations from time to time laid down by the Company including but not limited to user’s terms and conditions as contained on the Momentous Travel t/a Cape of Good Hope Tour’s website and/or contractor’s portal.
8.5 The Contractor shall abide by bona fide work practices in his relationship with the Company.
8.6 The Contractor shall use his best endeavours properly to conduct, improve, extend, develop, promote, protect, and preserve the business interest, reputation, and goodwill of Momentous Travel t/a Cape of Good Hope Tours and carry out his duties in a proper, loyal, and efficient manner.
8.7 The Contractor understands and agrees that they possess the necessary training, skill, expertise, and certification required and/or that meets the standards of the services industry and in compliance with relevant laws of the Republic of South Africa.
8.8 The Contractor shall undergo or attend any training or other courses as agreed and/or recommended by the Company to the Contractor from time to time.
8.9 The Contractor understands and agrees that the Company reserve the right to suspend the Contractor’s services as contained on the website and/or contractor’s marketplace in the event whereby it has been established that the Contractor and/or his business is non-compliant with the industry standards, laws and/or any regulations of the Republic of South Africa.
8.10 The Contractor’s principal place of business is in South Africa and the Contractor will not conduct any operations relating to this Agreement from outside South Africa.
8.11 Momentous Travel t/a Cape of Good Hope Tours use mechanisms that rate or review, or allow Customers to rate or review, the Contractor’s Products and Services and/or performance as a Contractor, and Momentous Travel t/a Cape of Good Hope Tours may make these ratings publicly available. Momentous Travel t/a Cape of Good Hope Tours will have no liability to the Contractor for the content or accuracy of any ratings and further bears no liability for any claims, disputes and/or losses arising from the ratings and/or reviews including but not limited to defamation. The Contractor will have no ownership interest in or license to use any rating or reviews posted on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
8.12 The Contractor understands and undertakes not to solicit and/or compel or influence in any way, favourable and/or unfavourable reviews from the customers to be placed on any platform including Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
8.13 It is the Contractor’s responsibility to ensure that he is familiar and/or is equipped with the knowledge to navigate the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal and that he understands the terms and conditions of use.
9. Disclosure
9.1 The contractor is further obliged to disclose forthwith to the Company any of the following the Company reserves the right to conduct background criminal checks on the Contractor from time to time during the subsistence of this agreement.
9.2 The Contractor understands and agrees that Momentous Travel t/a Cape of Good Hope Tours reserves the right to verify the identity, email address, ownership of business, financial accounts or merchant payment gateway accounts against third party databases or the verification of one or more government or legal documents that confirm identity or ownership. Upon receipt, documents will be kept on hand by Momentous Travel t/a Cape of Good Hope Tours for the purpose of contractor profile verification. The Contractor agrees to grant permission to Momentous Travel t/a Cape of Good Hope Tours to make such inquiries.
9.3 Where such necessary checks have been conducted and verified as aforementioned, the contractor shall bear a “verified” mark/ symbol and/or any similar wording that may be used to reflect the verifications conducted on their profile on Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
10. Indemnity
10.1 The contractor and customer will defend, indemnify and hold harmless Momentous Travel t/a Cape of Good Hope Tours and its affiliates and each of their respective stockholders, successors, assigns, directors, employees, agents, representatives (each an “Indemnitee”) from and against any and all Losses arising out of or related to any claims including but not limited to third-party claims asserted against imposed upon or incurred by an Indemnitee due to, arising out of or relating to:
10.1.1 an actual or alleged breach of this Agreement;
10.1.2 the contractor’s portal and other sales channels, the Content, or the Products (including, without limitation,) or any violation of Law with respect to the foregoing (including but not limited to the Consumer Protection Act, 2008), or any actual or alleged infringement of any Intellectual Property Right by any of the foregoing, or personal injury, death or property damage related thereto or arising therefrom; and
10.1.3 any and all income, sales, use, ad valorem, and other taxes, surcharges, fees, assessments or charges of any kind whatever, together with any interest, penalties and other additions with respect thereto, imposed by laws of South Africa in any way related to the listed and/or the rendering of services on the Momentous Travel t/a Cape of Good Hope Tours site, specifically excluding, however, any such taxes related to Momentous Travel t/a Cape of Good Hope Tours’s net income.
10.1.4 The customer and contractor undertakes to indemnify Momentous Travel t/a Cape of Good Hope Tours against all liability as referred to in clause 5.6 herein above. It is the sole responsibility of the Contractor to inspect and have the Customer acknowledge any existing damages to the Customer’s property and/or premises prior to the Contractor commencing work at the Customer’s premises.
10.1.5 The customer and contractor undertakes to indemnify the Company against any cyber-attacks and/or system malfunctions that the Contractor may suffer and/or suffer loss or damage as result of the Contractor’s use of the Company’s web tools, website and/or contractor’s portal.
11. Breach
11.1 Customers sourced and booked through the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal may not be approached directly or invoiced directly. All services booked and additional services added must be added to the Contractor’s Portal invoices only. Any services provided outside of the contractor’s portal will be considered a material breach of this agreement.
12. Protection of Personal Information Act no.4 of 2013
12.1 By submitting any personal information to Momentous Travel t/a Cape of Good Hope Tours or via the Momentous Travel t/a Cape of Good Hope Tours website, the customer and contractor and/or freelancer unconditionally and voluntarily, consents to the processing of the submitted personal information for any and all purposes which may include, but is not limited to;
12.1.1 Collecting, organising, processing, and storing personal information for the business interests of Momentous Travel t/a Cape of Good Hope Tours, as well as for the benefits of the contractor and Momentous Travel t/a Cape of Good Hope Tours.
12.1.2 Utilising personal information for screening, training and development, performance monitoring, administration, independent contractor relationship issues, termination of the independent contractor agreement and any other contract-related purposes;
12.1.3 Sharing personal information with third parties, such as debt collectors, fund and insurance administrators and government departments. In certain circumstances personal information may be shared across borders when sharing the information with third parties.
12.1.4 Utilising the contractor ’s name, photograph, recorded videos or any other form of media for internal, marketing related or any other purpose relevant to Momentous Travel t/a Cape of Good Hope Tours’s business functioning’s.
12.1.5 Processing of any personal information as provided by the customer and contractor for records, bookings and medical assessments.
12.1.6 Processing of the contractor’s vaccination status for health and safety purposes and where legally required to do so.
12.1.7 Distributing relevant personal information when legally required to do so.
12.1.8 Processing race or ethnic origin for BBBEEE any related purposes.
12.1.9 Processing biometric information for safety and security purposes.
12.2 The customer and contractor agree to update, from time to time, any personal information supplied, which may or has changed. The parties cannot be held liable for any loss caused by any of the parties’ failure to update and/or correct the personal information supplied to each other, by any of the parties.
12.3 The parties’ consent to Momentous Travel t/a Cape of Good Hope Tours sharing the personal information (including but not limited to its group companies) for the purposes of this agreement and/or any other legitimate interests of the parties.
12.4 The customer and contractor is hereby informed that the personal information as shared with Momentous Travel t/a Cape of Good Hope Tours may be transferred to a third party in order for Momentous Travel t/a Cape of Good Hope Tours to fulfil its obligations under this agreement.
12.5 Should the customer or contractor’s personal information be shared cross border, the personal information will not be subject to less protection than it enjoys in terms of South Africa’s data privacy laws.
12.6 The customer and contractor hereby consents to the Company sharing the personal information as provided for herein cross border. Should the customer or contractor’s personal information be shared cross border, the personal information will not be subject to less protection than it enjoys in terms of South Africa’s data privacy laws.
13. General
13.1 Any latitude, extension of time, or other indulgences which may be granted to the customer or contractor by the company or any failure by the company to enforce any of its rights under this agreement at any time shall not, under the circumstances, be deemed to be a waiver of any of the Company’s rights thereafter to enforce and compel strict compliance with the terms and conditions of this agreement.
13.2 This Agreement shall constitute the entire contract between the parties who by their signatures hereby acknowledge that no representations have been made or warranties given or conditions to stipulations attached to any of the matters referred to in this agreement, save as set out in this agreement. No variation of this agreement shall be of any force or effect unless recorded in writing and signed by or on behalf of the parties by the representatives duly authorised thereto.
13.3 The Parties understand and agree that the Contractor shall be at free will to render their services through any other channels, marketplaces and/or platforms unrelated to Momentous Travel t/a Cape of Good Hope Tours.
14. Severable Provisions
14.1 Each provision in this Agreement is severable from all other provisions, notwithstanding the manner in which they may be linked together, arranged in the context or grouped grammatically, and if in terms of any judgment or order of court any provision, phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, that provision, phrase, sentence, paragraph or clause shall be severed from the other, but the validity of the remaining provisions, phrases, sentences, paragraphs and clauses shall not be effected and shall nevertheless continue to be of full force and effect.
15. Definitions
Unless the context indicates otherwise, the words and expressions set out below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
15.1 “Agreement” means the agreement as contained in this document and any of its addendums.
15.2 “Business” means the business of Momentous Travel t/a Cape of Good Hope Tours and its services including but not limited to marketing and /or referral services.
15.3 “Customer” means the Customers making their bookings through the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal for the request of services including but not limited to any services listed on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal to be rendered by the Contractor and/or Freelancer.
15.4 “The Company” means Momentous Travel t/a Cape of Good Hope Tours or any of its successors in title or associated organisations, trading divisions or subsidiaries.
15.5 “Contractor” means the independent contractor and/or freelancer who is a party to this agreement with Momentous Travel t/a Cape of Good Hope Tours and identified hereinabove.
15.6 “Claim” or “Claims” shall mean any and all foreseeable or unforeseeable and alleged or actual actions, causes of action (whether in delict, agreement or strict liability, and whether in law, equity, statutory or otherwise), claims, demands, lawsuits, legal proceedings, administrative or other proceedings or litigation;
15.7 “Confidential Information” means all information communicated by a disclosing Party that should reasonably be considered confidential under the circumstances, notwithstanding whether it was identified as such at the time of disclosure, including, without limitation:
15.7.1 the terms of this Agreement (including all Annexures and policies referenced herein or attached hereto);
15.7.2 all trade secrets;
15.7.3 existing or contemplated services, marketing methods, business methods, quality control of products, specialised knowledge of training material, designs, technology, processes, technical data, methodologies and concepts and any information related thereto;
15.8 “Contractor Portal” and/or “Freelancer Portal” or “Momentous Travel t/a Cape of Good Hope Tours website” shall mean the web-based tool, Momentous Travel t/a Cape of Good Hope Tours website(s), mobile application, computer program, software application, third party/external websites by which Momentous Travel t/a Cape of Good Hope Tours may market their services or other web services or interfaces, provided by Momentous Travel t/a Cape of Good Hope Tours and/or a Service Provider that the Contractor can use to manage its content, bookings and other information related to the marketplace and/or contractor’s portal and including all associated Service and/or Product listing requirements;
15.10 “Permitted intellectual property” means the Company’s names particularly “Momentous Travel” and/or “Cape of Good Hope Tours” as well as any other names by the Company, and signages provided for by the Company including any patent, copyright, trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, logo, moral right, trade secret and any other intellectual property right arising under any Law and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing;
15.11 “Referral Fee” means the commission charged by Momentous Travel t/a Cape of Good Hope Tours, calculated as a percentage or fixed amount of the proceeds of sales including VAT; referral fee may vary depending on the category of the service rendered, specific service and/or service specific to the Contractor and/or Freelancer.
15.12 “Sales Proceeds” or “Proceeds of a Sale” means the gross sales proceeds from the total value of services rendered by the Contractor and/or Freelancer to the Customer.
15.13 “Services Rendered” or “Services” means Services listed and priced on the Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal by Momentous Travel t/a Cape of Good Hope Tours and fulfilled by the Contractor and/or Freelancer.
15.14 “Bookings” and/or “Appointments”: means bookings made by the Customer and/or setting up an appointment with the Contractor and/or Freelancer through Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal. A booking will be deemed valid when the Customer has booked a slot which the Contractor and/or Freelancer has indicated his availability to render services. Once the booking is made it would be deemed that the Contractor and/or Freelancer has accepted the Customer’s booking and/or appointment. The Contractor and/or Freelancer would be required to block out and/or indicate any days and/or times he will not be available to render service to the Customer.
15.15 “Days off Calendar” or “Availability Calendar” means the days and/or times on the calendar which the Contractor and/or Freelancer shall indicate their availability to render services and/or block-out and/or indicate their inability to render service to the Customer as provided for on the Momentous Travel t/a Cape of Good Hope Tours and/or contractor’s portal.
15.16 “Contractor’s and/or Freelancer’s invoice” means a quote and/or pro-invoice and/or invoice generated by Momentous Travel t/a Cape of Good Hope Tours and deemed to be a quote and/or pro-invoice and/or invoice issued by the Contractor to the Customer, which such quote and/or pro-invoice and/or invoice shall be submitted by the Contractor and/or Freelancer after rendering services to a Customer through Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal.
15.17 “Checkout” or “Booking Tool” or “Scheduling Tool” means the tool on the website where the Customer can schedule and pay for a booking which includes but not limited to selecting services, booking date and time, Contractor and/or Freelancer of choice and payment so as scheduled.
15.18 “Service Contracts” means a service agreement entered between the Customer and the Contractor and/or Freelancer through Momentous Travel t/a Cape of Good Hope Tours website and/or contractor’s portal. Momentous Travel t/a Cape of Good Hope Tours is not a party to the service contract and bears no liability arising from the service contract thereof.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy [CLICK HERE], which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States and South Africa.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in South Africa, then through your continued use of the Site, you are transferring your data to the United States and South Africa, and you expressly consent to have your data transferred to and processed in the United States and South Africa.
[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]
17. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Momentous Travel t/a Cape of Good Hope Tours
