Terms and conditions
1. Accepting of Terms
Welcome to Wetu. Your use of this site and the services provided by or through it are subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice. You can review our most current version of these TOS at any time by clicking on the link at the bottom of each page on this site. By accessing and using the Wetu site and the services provided thereon, you accept and agree to be bound by the terms and provisions of the current TOS as well as any additional posted guidelines or rules applicable to any particular services which may be posted and modified from time to time.
Wetu provides users with access to a range of tools and services , including without limitation an interactive map, virtual itinerary, iBrochures, various communications tools, forums, shopping services, search services, personalized content and branded programming (the “Wetu Services”). You also understand and agree that the Wetu Services may include advertisements, service announcements and administrative messages and that these are necessary for Wetu to provide the Wetu Services and that you will not be able to opt out of receiving them. You understand and agree that the Wetu Services are provided on a “no-Risk” basis and that Wetu assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Wetu Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) which are for your account. In addition, you must provide and are responsible for all equipment necessary to access the Wetu Services.
You understand that the technical processing and transmission of the Wetu Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2. Your Registrations Obligations
In consideration of your use of the Wetu Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Wetu Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wetu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wetu has the right to suspend or terminate your account and refuse any and all current or future use of the Wetu Services (or any portion thereof).
3. Wetu Privacy Policy
Registration Data and certain other information about you are subject to our applicable privacy policy, and you understand that through your use of the Wetu Services you consent to the collection and use of this information, including the transfer of this information to South Africa and/or countries belonging to the European Economic Area for storage, processing and use by Wetu and its affiliates.
4. Member Account, Password and Security
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Wetu of any unauthorized use of your password or account or any other breach of security.
5. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Wetu, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Wetu Services. Wetu does not control the Content posted via the Wetu Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Wetu Services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Wetu Services to:
1.
upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
2.
upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of invasive solicitation;
3.
harm minors in any way;
4.
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Wetu Services; f. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); g. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; h. interfere with or disrupt the Wetu Services or servers or networks connected to the Wetu Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Wetu Services, including using any device, software or routine to bypass our robot exclusion headers; i. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to any rules of any national or other securities exchange and any regulations having the force of law; j. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by a sovereign government or group of governments as a foreign terrorist organization; k. “stalk”” or otherwise harass another; and/or l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above. m. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
You acknowledge that Wetu and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is made available via the Wetu Services. Without limiting the foregoing, Wetu and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Wetu may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Wetu, its users and the public.
You may not attempt to override or circumvent any of the usage rules embedded into the Wetu Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Wetu Services, in whole or in part, is strictly prohibited.
6. International nature of communication on Wetu Network
As a result of Wetu’s network architecture and business practices and the nature of electronic communications, even communications that seem to be geographically limited in nature can result in the transmission of international or worldwide communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in international data transmissions.
7. Content submitted or made available for inclusion on the Wetu Services
Wetu does not claim ownership of Content you submit or make available for inclusion on the Wetu Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Wetu Services, you grant Wetu the following worldwide, royalty-free and non-exclusive license(s), as applicable.
With respect to Content including photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Wetu Services, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
8. Contributions to Wetu
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Wetu, you acknowledge and agree that: (a) Wetu is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (b) Wetu shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (c) you are not entitled to any compensation or reimbursement of any kind from Wetu under any circumstances.
9. Indemnity
You agree to indemnify and hold Wetu and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Wetu Services, your use of the Wetu Services, your connection to the Wetu Services, your violation of the TOS, or your violation of any rights of another.
10. No commercial use of Wetu Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Wetu Services (including Content, advertisements, Software and your Wetu ID).
11. Termination
You agree that Wetu may, on good cause and without prior notice, immediately terminate, limit your access to or suspend your Wetu account and access to the Wetu Services. Good cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, and/or (f) nonpayment of any fees owed by you in connection with the Wetu Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Wetu’s sole discretion and that Wetu shall not be liable to you or any third party for any termination of your account, or access to the Wetu Services.
Termination of your Wetu account includes any or all of the following: (a) removal of access to all or part of the offerings within the Wetu Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Wetu Services.
12. Links
The Wetu Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Wetu is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Wetu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Please refer to the YouTube Terms of Services as well as the Google Privacy Policy for more information.
13. Wetu’s proprietary rights
You acknowledge and agree that the Wetu Services and any necessary software used in connection with the Wetu Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Wetu Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Wetu or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Wetu Services, such Content or the Software, in whole or in part.
Wetu grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Wetu Services. You agree not to access the Wetu Services by any means other than through the interface that is provided by Wetu for use in accessing the Wetu Services.
14. Data Protection
1.
In this clause “Data Controller”, “Data Processor”, “Data Subject”, and “processing” will have the same meaning as in the General Data Protection Regulation.
2.
We request that all personal information that you provide is accurate, current and complete.
3.
Any information which is collected using the Service for which we are the Data Controller (for instance log in information or contact information for our customers or subscribers) will be held by us in accordance with our Privacy Policy Notice.
4.
It is agreed that that for the purposes of the GDPR you are the Data Controller and we are the Data Processor with regards to any data Wetu is processing on your behalf (such as inclusions in Itineraries and which relate to the recipient which the Itinerary is intended for).
5.
Our Privacy and Data Protection Notice includes details of the scope, nature and purpose of the processing of data where we are the Data Processor, the duration of the processing, the types of personal data processed and the data subjects involved as required by Article 28(3) of the General Data Protection Regulation (GDPR).
6.
You agree to comply with applicable requirements of any laws and regulations relating to data protection in relation to your processing of Subscriber Personal Data. We agree to comply with the provisions of the GDPR and these Terms.
7.
We agree that we will not process Subscriber Personal Data other than as required in order for us to deliver the Service, as set out in these Terms, as specified in our Privacy Policy Notice or in accordance with your written instructions unless required by law in which case we will (to the extent permitted by law) inform you of that legal requirement before the processing.
8.
We agree that all staff who have access to and/or process Subscriber Personal Data are obliged to keep the Subscriber Personal Data confidential.
9.
We will ensure that we have in place appropriate technical and organisational measures to ensure that Subscriber Personal Data is subject to an appropriate level of security, including to the extent required the measures referred to in Article 32(1) of the GDPR. In reaching our judgement as to the appropriate level of security we will take into account current technology, costs of implementation and the nature, scope, context and purposes of the processing we undertake as well as the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage of the Subscriber Personal Data.
10.
If you are based inside the European Economic Area we will not transfer any Subscriber Personal Data outside the European Economic Area unless there are appropriate safeguards in relation to the transfer and we are providing an adequate level of protection to any Subscriber Personal Data that is transferred.
11.
We will notify you without undue delay upon becoming aware of any data breach affecting Subscriber Personal Data and we will assist you in responding to any request from a Data Subject and in ensuring compliance with your obligations under Data Legislation.
12.
with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
13.
We will maintain complete and accurate records and information to demonstrate our compliance with these Terms and Data Legislation and we will cooperate with and allow for audits by you or your designated auditor in relation to the Processing of Subscriber Personal Data by us.
14.
You agree that we may use third party processors as described in our Privacy Policy Notice or agreed with you. If you notify us in writing of any objections (on reasonable grounds) to a said third party processor, we will not appoint the third-party processor until reasonable steps have been taken to address the objections raised by you and you have been provided with a reasonable written explanation of the steps taken.
15.
With respect to each third-party processor, we will take steps to ensure that the applicable terms with that processor will offer at least the same level of protection for Subscriber Personal Data as those set out in this agreement and which meet the requirements of article 28(3) of the GDPR. As between you and us, we will remain fully liable for all acts or omissions of any third-party processor appointed by us.
16.
We will delete Subscriber Personal Data following termination of your subscription if requested in writing by you. We may retain Subscriber Personal Data if required by law only to the extent and for such period as required by those laws.
17.
All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email. You also hereby agree that all agreements, notices, disclosures and any other form of communication that we provide to you satisfy any legal requirement that such communications be in writing.
15. Use of Third-Party APIs and Services
In providing the Wetu Services, we may utilize various APIs and services from third parties (“Third-Party Services”). By using the Wetu Services, you acknowledge and agree that your use of these Third-Party Services is subject to their respective terms and conditions.
Specifically, our services may include the use of YouTube API services. By using the Wetu Services, you acknowledge and agree to be bound by the YouTube Terms of Service and the Google Privacy Policy. Please note that any information, data, or content pulled from YouTube via the YouTube API services is subject to these terms and conditions, and you should familiarize yourself with them.
Please be aware that Wetu is not responsible for the content, data, or actions of these Third-Party Services. Your interactions with these Third-Party Services are solely between you and the third party, and Wetu disclaims all liability in this regard.
16. Collection of Prohibited Data
1.
We do not permit the use of the Service to store certain types of sensitive or financial data belonging to another individual without that individual’s explicit permission. Such forms of data include any data defined as ‘special category’ data under the European General Data Protection Regulation, financial, medical or sensitive personal data and such other categories of data as we may notify you from time to time.
2.
In the event it is brought to our attention by whatever means that you have been using the Service to store data of a prohibited nature, whilst we will use reasonable endeavours to notify you in advance, we reserve the right to remove the data in question from the Site immediately without notice to you and, if we deem it necessary, delete your account and deny you access to the Service.
17. Disclaimer of Warranties
You expressly understand and agree that:
1.
Wetu and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the wetu services or software will meet your requirements; (ii) the wetu services or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the wetu services or software will be accurate or reliable; and (iv) the quality of any products, services, information or other material purchased or obtained by you through the wetu services or software will meet your expectations.
2.
Any material downloaded or otherwise obtained through the use of the wetu services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
18. Trademark Information
You agree that all of Wetu’s trademarks, trade names, service marks and other Wetu logos and brand features, and product and service names are trademarks and the property of Wetu (the “Wetu Marks”). Without Wetu’s prior permission, you agree not to display or use in any manner the Wetu Marks.
19. International Use
1.
You shall comply with all foreign and local laws and regulations which apply to your use of our Site in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
20. General Information
Entire Agreement. The TOS constitutes the entire agreement between you and Wetu and governs your use of the Wetu Services, superseding any prior version of this TOS between you and Wetu with respect to the Wetu Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wetu services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Wetu each agree that the TOS and the relationship between the parties shall be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Wetu, shall be brought exclusively in the courts located in the Western Cape Province of South Africa. You and Wetu agree to submit to the jurisdiction of the courts located within the said Western Cape Province, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts.
Waiver and Severability of Terms. The failure of Wetu to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
