Terms of Service
Last updated: October 24, 2023
Please read these terms of service (“Terms”) carefully before using the Cape Town 101 website (“Service”) operated by Cape Town 101 (“We,” “Us,” “Our,” or “Company”).
Acceptance of Terms
1.1 By accessing or using the Cape Town 101 website (“Service”), You agree to be bound by these Terms. If You do not agree to these Terms, please do not use the Service.
1.2 These Terms constitute a legally binding agreement between You and Cape Town 101. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms.
Interpretation and Definitions
2.1 Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2.2 Definitions: For the purposes of these Terms:
• “Company” (referred to as “We,” “Us,” “Our,” or “Cape Town 101” in this Agreement) refers to Cape Town 101, a company registered in Cape Town, South Africa.
• “Service” refers to the Cape Town 101 website, accessible from www.capetown101.co.za.
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• “Website” refers to the Cape Town 101 website, accessible from www.capetown101.co.za.
• “Email” refers to the email address info@capetown101.co.za
• “Country” refers to South Africa.
• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Access to the Service
3.1 You represent and warrant that You are over the age of 18 and have the legal capacity to enter into binding contracts. Alternatively, You or your parent/guardian acknowledges and accepts that you can use the service.
3.2 We do not permit those under 18 to use the Service without adult consent or supervision.
3.3 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Cape Town 101. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website. Please read Our Privacy Policy carefully before using Our Service.
3.3 You acknowledge and agree that Cape Town 101 does not consent to the use or downloading of content from the Website for the development, training, or operation of artificial intelligence or other machine learning systems for Artificial Intelligence Purposes, except as authorized in writing by Cape Town 101.
Intellectual Property
4.1 The Content and information available on the Website, including images, text, data, sound, photos, graphics, and video, is proprietary to Cape Town 101 or licensed from third parties. Except as expressly authorized by Cape Town 101, You agree not to copy, modify, distribute, transmit, display, reproduce, publish, license, transfer, sell, or create derivative works from the Content.
4.2 All trademarks, service marks, and trade names of Cape Town 101 used on the Service are trademarks or registered trademarks of Cape Town 101 in South Africa.
User-Generated Content
5.1 By submitting Content to the Cape Town 101 website, You grant Cape Town 101 a non-exclusive, royalty-free, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content worldwide.
5.2 You represent and warrant that: (i) You own the Content posted by You on the Service or otherwise have the right to grant the license set forth in this section, (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Prohibited Activities
6.1 You agree not to use the Service for any purpose that is prohibited by these Terms or applicable laws. Prohibited activities include, but are not limited to:
• Using the Service for any commercial purpose without explicit authorization.
• Posting illegal, trademarked, or copyrighted Content to the Website.
• Using Content from the Website for Artificial Intelligence or machine learning purposes without written consent.
• Violating robot exclusion headers or taking actions that burden the Website’s servers unreasonably.
Account Registration and Security
7.1 When You create an account with Us, You must provide accurate, complete, and current information. You are responsible for safeguarding your account credentials and notifying Cape Town 101 immediately of any unauthorized use or breach of security.
Governing Law
8.1 These Terms are governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
Pricing and Updates
9.1 All prices listed on the Cape Town 101 website are updated once a year and are the prices as of the time of the last update.
9.2 It is the responsibility of individuals using the Service to inquire and confirm the current prices before making any decisions or purchases based on the listed prices.
Information Accuracy and Sourcing
10.1 The information provided on the Cape Town 101 website is sourced from public, local, and direct company sources to ensure accuracy and relevance. However, We do not guarantee the completeness, reliability, or accuracy of this information.
10.2 Cape Town 101 does not warrant that the information on the Website is always up to date. Users are encouraged to verify information directly with the respective service providers.
10.3 The AI chatbot strives to provide accurate and up-to-date information regarding restaurants, activities, and tourism services in Cape Town. However, the information provided by the chatbot may not always be accurate, complete, or current. Users are encouraged to independently verify any information before making decisions or taking actions based on the chatbot’s responses.
Third-Party Services
11.1 The Cape Town 101 website may contain links to third-party websites or services that are not owned or controlled by Cape Town 101.
11.2 Cape Town 101 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Cape Town 101 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 websites or services.
Limitation of Liability
12.1 To the maximum extent permitted by applicable law, in no event shall Cape Town 101, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content.
12.2 The website and its owners do not accept any liability for any loss or damage incurred by users as a result of relying on the information provided by the AI chatbot. This includes, but is not limited to, errors, omissions, or inaccuracies in the information, or any delays or interruptions in the availability of the chatbot service.
Indemnification
13.1 You agree to defend, indemnify, and hold harmless Cape Town 101 and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Service.
Authenticity of Reviews and Views
14.1 The reviews, ratings, and views provided on Cape Town 101 regarding hotels, guest houses, restaurants, tourism services, activities and other establishments are based on our genuine experiences at the time of visiting or using these establishments.
14.2 We strive to provide accurate and unbiased information to our users. However, please note that individual experiences may vary, and the opinions expressed in reviews and views are subjective reflections of our experiences.
14.3 Cape Town 101 does not endorse or guarantee the accuracy, reliability, or completeness of user reviews or third-party content posted on the platform. Users are encouraged to use their discretion and consider multiple sources of information before making decisions based on reviews or views.
No Endorsement
15.1 The AI chatbot may provide information or recommendations about specific restaurants, activities, or tourism services. Such recommendations do not constitute an endorsement or guarantee of the quality or suitability of these services. Users are advised to conduct their own research and make informed decisions.
Use at your own risk
16.1 The use of the AI chatbot is at the user’s own risk. While we strive to provide a helpful and reliable service, we cannot guarantee that the chatbot will meet all user expectations or requirements. The website and its owners disclaim all warranties, express or implied, regarding the chatbot’s performance or the accuracy of its responses.
Changes to Service
17.1 Information about restaurants, activities, and tourism services may change without notice. The AI chatbot may not immediately reflect these changes. Users should contact service providers directly for the most current information regarding their offerings, availability, and pricing.
Subscription Terms
18.1 Subscription Plans: Cape Town 101 offers weekly, monthly, and yearly subscription plans for individual users, as well as custom enterprise packages for businesses such as hotels, travel agencies, tour operators and general tourism companies. Subscriptions grant access to the platform and or certain premium features of the Service during the subscription period.
18.2 Payment: All subscription fees are payable in advance. By subscribing, You will pay using a payment method or authorize Cape Town 101 to charge the applicable subscription fee to the payment method provided during sign-up. The subscription may auto-renew unless cancelled prior to the end of the current billing period.
18.3 Automatic Renewal: Your subscription may automatically renew at the end of the subscription period unless cancelled. You will be charged the applicable fee at the time of renewal, using the payment method provided unless You cancel the subscription.
18.4 No Refunds: Subscription payments are non-refundable. Once charged, payments for subscription fees are final and cannot be refunded, in whole or in part, except as required by law.
18.5 Subscription Cancellation: It is Your responsibility to cancel Your subscription if You do not wish for it to auto-renew. Cancellation requests must be made through Your account settings on the Cape Town 101 website. Failure to cancel before the renewal date will result in recurring charges for the next subscription period.
18.6 Account Responsibility: You are responsible for ensuring that Your payment details are accurate and up to date. Failure to process payments due to incorrect or expired payment information may result in a suspension of Your subscription services until the issue is resolved.
18.7 Modifications to Subscriptions: Cape Town 101 reserves the right to modify subscription plans, pricing, or features. Any changes will be communicated to subscribers in advance, and You will have the opportunity to cancel Your subscription if You do not agree to the changes.
Enterprise Plans
19.1 Custom Enterprise Plans: Hotels, concierge services, and other businesses may contact Cape Town 101 for personalized subscription packages. These enterprise plans are subject to individual agreements, including tailored pricing, terms, and services.
19.2 Enterprise Payments: Payments for enterprise plans are governed by the terms set forth in the individual agreement with the business.
Contact Us
20.1 If you have any questions about these Terms, You can contact Us by email at info@capetown101.co.za
