THE COMPANY
Name: Flagship Cafe Holdings Pty Ltd t/a JollyStay (“The Company”)
Registration number: 2022 / 269534 / 07
THE COMPANY’S CONTACT DETAILS
Email: [email protected]
Address: Flagship Cafe Holdings, 19 Planken St, Plankenbrug, Stellenbosch, 7600, South Africa
ACCEPTANCE OF THIS AGREEMENT BY YOU
Your use of The Company’s website and services is governed by your acceptance of the terms and conditions as contained within this document.
All persons that access our services or online platform agree to the validity of the said agreement and hold them as binding.
We ask that you make your self familiar with the agreement by thoroughly reading through the terms and conditions contained in this document. Use of our website and services is permitted only to those that agree to be bound to the agreement.
If you do not accept the terms and conditions you are requested to immediately desist in all interaction with The Company and it’s platforms..
ALL USERS ACCEPTANCE OF THIS AGREEMENT
Your accept that these terms and conditions are binding on you as well as all parties to any bookings that may be made through our platforms. You agree to stand in as the authorised representative of all effected guests of your bookings.
VARIATIONS
The Company may adjust the terms and conditions within this document from time to time. At the time of changes being made to this document they will be become binding on the end-user for any future services and use of our platform. We ask that you review the term and conditions before embarking on each new interaction with our services and platform.
THE ENTIRE AGREEMENT
No other agreement apart from this document will be binding on the parties involved. All previous agreements in all forms of communication with be superseded by this agreement.
Should any part of this agreement be unlawful as determined by a presiding court of law, or unenforceable, such part will be removed from the agreement leaving all other parts of the agreement intact and binding.
FAILURE TO ENFORCE
Should The Company not be able to enforce it’s rights by way of outcome, such rights may be referred to a third party who will act on The Company’s behalf.
LEGAL COSTS
All legal costs incurred by you will be for your own expense only. The Company will not be held liable for any cost that may arise from you obtaining professional advise, services or representation.
JURISDICTION
This agreement is governed by South African law. Should any legal action be taken over the company, all users agree to make these grievances heard in a suitable court within South Africa.
Booking Terms
THE COMPANY’S SERVICES
The company offers various platforms to book services, accommodation and movable assets from third parties to the general public.
SERVICE TYPE
The company offers a platform to to assist users in inquiring about and booking suitable services. Though we may assist the end user in using these services through our support centers or website content, the service is offered as a purely self-service offering. The user makes their own final informed decision on the suitability of the services they book and take all responsibility for it’s suitability before and after making a booking.
BOOKING ENTITY
All reservations through our services are made with third party suppliers who have agreed to make such services available through our platforms. A user books directly with the third party supplier when they make use of our platforms.
All disputes you may have must be directed at the third party supplier in question. Though we are absolved of responsibility for any mishaps or disputes between the user and the third party supplier we will provide assistance where we are able to.
QUOTED PRICE, DATES AND RATES
Pricing, rates and availability dates are subject to change.
Quotes are an indication of the bookings details and should not be relied when securing a booking.
Though every effort is made to ensure the accuracy of the rates, prices and availability dates on each listing it is noted that errors and omissions may still occur. If a supplier disputes a variable of a confirmed booking we will offer the user an adjustment on the offering in-line with the supplies provisions. If this new offering is not acceptable to the user we will provide a full refund of any monies paid directly to the Company and the booking will be cancelled.
Should it be found that an error has occurred you are encouraged to reach out to us so that we can assist you in securing alternative services. We take customer service very seriously, your feedback on suppliers is important for us to maintain a quality offering that is accurate and fair.
YOUR RESPONSIBILITIES
You make use of our self-service website with the understanding that there are duties you as a user must perform before and after making use of the booked service.. These items may include travel documents, insurance, finances, confirmation of booking, suitability of service and many more.
- Below you will find a non exhaustive list as a general guide.
- Make sure the supplier you have booked with offers the amenities and services you need or expect.
- Confirm the dates and occupancy are accurate on your booking confirmation.
- Check your travel documents are valid and will be valid for the duration of your travels.
- Vaccination or medication supply may be needed to be restocked before your travels.
- Some medication requires a prescription to accompany it.
- Ensure your financials are adequate for you travel plans.
- If required get a health checkup before your travels for your own peace of mind and so that you are able to enjoy the services you have booked.
- Each user or traveler is to be solely responsible for their documents which include visas, passports, ID’s, drivers license, birth and marriage certificates where needed.
- Sim cards or international roaming on mobile devices.
- Know your future surroundings and transit routes before you travel, an itinerary is a bit of work but will save you from unneeded stress.
- Be safety conscious while traveling.
We encourage you to seek out a suitable insurance policy for your travels that will cover you for unfortunate events that may arise during or before you travels, such as, health issues, booking cancellations, injury, damage to your luggage, theft, or any other unwelcome events.
TERMS OF THE SUPPLIERS APPLY
Suppliers own terms and condition will also apply when booking with them through our platform. Please ensure that you go through these in detail before making your booking.
ACCEPTING INSTRUCTION
Bookings may be adjusted only by instruction from an authorised contact source. such as the email address or phone number on file. as well as through access to our self service portal.
All such initiated changes are binding.
CANCELLATION POLICY
All charges, be it deposit or bookings fees are not refundable unless the host explicitly indicates otherwise. Should a host choose to offer a refund period it will be indicated within the accommodations description listings.
Should there be no refund policy indicated then the universal terms will apply whereby no refunds are offered. If unsure, please contact us before making your booking.
If you are eligible for a refund the process for the refund will differ based on your payment channel. Payments made to the Company will be refunded, less admin fees to the clients. The preferred payment method is Bank Transfer, PayPal or refund to the card used during purchase.
Payments made directly to the host will be processed by the host. The Company will have no jurisdiction in this case, though you are welcome to reach out to us should you need further assistance and we will proxy your requests to the host.
Refunds will be processed only upon receipt of a written notice by the client and in line with our terms and conditions.
The Company will only make refunds if we are able to recover the funds from the host or if you are entitled to a refund and payment was made directly to the Company
DOUBLE BOOKINGS OR UNAVAILABLE BOOKED DATES
If you have made payment for a booking and it turns out that the service is not available after the fact. The Company will facilitate procurement of alternative accommodation for you that is suitable and within the same price range.
Should there be no suitable accommodation found a refund will be processed by either the Company or the service provider. If payment has been made directly to the service, we will make attempts to recover these funds on your behalf.
FAILURE TO MAKE USE OF PAID FOR SERVICES
If you need to reschedule your booked service due to travel delays or unforeseen circumstances, and the host is unable to assist you with alternative dates; all costs will be for your account. The Company nor the host will be liable to you for any costs or loss. We strongly suggest travel insurance to cover you for these instances, or to lower your exposure by finding accommodation that takes a small deposit and payment on arrival or allowed full payment on arrival.
PAYMENT SECURITY
We process payments through Bank Transfer and Credit Cards. A copy of the proof of bank details can be made available to you upon request.
All card payments are processed through a 3rd party card processed (Yoco, Paygate, Payfast) that offers encrypted data transfers, accreditation and does not store your payment details after the transaction has taken place.
COMMISSION
The Company earns income through commission charged to hosts, these fees allow us to provide this service and assist the hosts in marketing their offerings.
COMPLAINTS
We want you to let us know if you are dissatisfied with when it comes to the accommodation or booking process. This helps us to keep our recommendations and offerings to a high standard. We ask that you notify us as soon as you can, up to 7 days after your checkout.
The Company will try to resolve any issues you may have, though it is noted we my not be able to to offer a satisfactory outcome. Please know it is in our interest to have happy clients and to have great hosts on our platform.
LIABILITY LIMITATIONS
Should it be found that we are liable to you, even with your agreement to our terms and conditions being binding. Compensation will be limited to the total of monies paid to the Company for the booking in question.
Disclaimer
Neither The Company nor any of its directors, employees, officers, representatives, agents, consultants, suppliers, service providers or sub-contractors (“Indemnified Parties”), shall be liable for any direct, indirect, special or consequential losses or damages of whatsoever nature that may result from:
use and access to our booking platforms and websites
purchasing and bookings accommodation and or services on our websites
a service being unavailable
downtime of our service resulting in access being unavailable.
use of link from our website
information that is transferred to and from our platforms
the use of information being held on our platforms
unlawful activities by the user
the breach of 3rd party rights by the user
the behaviors of users or hosts
loss, damage, injury, death or anguish.
You agree to indemnify the Company against any and all claims, be they through damage, libel, loss, injury, death, peace-of-mind, slander, intimidation or any event that results in reputation or financial loss whatever the cause.
You agree to co-operate with the Company should there be a need to defend the Company’s rights. And to supply all information requested by the Company in it’s efforts to resolve or conclude the outcomes.
Website Use
PERMITTED USE OF THE WEBSITE
- You may use our website to market approved accommodation and services
- You may enquire about and book accommodation and services offered by hosts.
- You may reply to customers, approve or deny booking request.
- You may not use the website for activities that are harmful or illegal.
- Content on the website may not be offensive, exclusionary, damaging, defamatory or copyrighted.
- All content posted on the website must be true and accurate and must not infringe on others rights.
- You may not scrape or harvest information on this website for commercial or personal use.
ACCESS TO THE WEBSITE
Passwords and devices used to access this portal must be kept secure. Actions performed on our website are legally binding on the user to which the user account belongs. The Company is indemnified by the user against any loss, damage or liability that my arise from unauthorised access to the Company’s platforms and websites.
ACCURACY OF INFORMATION IN LISTINGS
You are responsible to keep your information up to date and accurate on our website by making us of the self service portal or by asking the Company to make corrections on your behalf. Any misrepresentation on your listing and it’s effects, be it intentional or not, will be for your account.
We pride ourselves on keeping a trustworthy service for both customers and clients. If it is found that there are material omissions and errors on your listings, we reserve the right to remove your account and it’s related listings.
INTELLECTUAL PROPERTY RIGHTS
All company logos, names, designs, scripts, systems, databases, trademarks, audio and visual content (images, videos, shorts, social content, marketing content) is the property of the Company.
The property of the Company may not be reproduced, modified or used outside of our website without the written permission of the Company.
ACCURACY OF USER CONTENT ON THIS WEBSITE
The Company acknowledges that content on the website is provide by third-party supplies and makes no warranties against errors, omissions or inaccuracies within said content.
Users are asked to report any inaccuracies to us immediately for review.
Whilst great care is taken in vetting our suppliers before listings are approved for display, the Company shall not be liable for costs or damage caused by the users reliance on such information or the outcomes of actions guided by the aforementioned listing information.
SERVICE AVAILABILITY
We rely on a multitude of third-party suppliers to host our website, manage domains and name servers, cache content, process communication channels and payments gateways. Therefore our service is provided as a best effort offering. We make no warranties on it’s availability or suitability.
Data is stored without guarantee of it’s longevity or availability as it may be interrupted or destroyed due to storage malfunction or software vulnerabilities. You agree to indemnify and protect The Company from any claims resulting from hacking or other service disruptions.
HYPERLINKS
The Company is not responsible for the effects of following links from this website nor are we responsible for links to our websites.
We make effort to only link to a resources that we believe it to be reputable and safe to use. if this is no longer the case, please let us know immediately.
When using our website please ensure that it has our correct address in the address bar avoid spoofing or phishing attempts.
SECURITY
The Company takes security seriously and only works with legitimately procured systems. In house development is done in-line with best practices. Updates are installed on all systems in a timely manor, often after some period of testing to ensure compatibility.
We however do not make any warranties on the safety or availability of content obtained from the Company by the user.
We have an active bounty system in place for reported vulnerabilities so please do reach out if you become aware of such vulnerabilities. We ask nicely that you do not attempt to bypass security measures placed on our website. Pretty please with a cherry on top, this website working well, is the only source of income for many decent and kind people that work at the Company!
If you commit any of the offences we ask that you do not irreversibly damage the workings of the website or it’s data. Please instead contact us and let us know how you got access, we’ll then patch things and say thanks with a few coins, we might even ask you to do further pen testing.
ACCESS TO THE WEBSITE
Your right of access to our platforms is given to you by the Company. Such access may be revoked if it is found that you are in breach of the conditions of use. The Company reserves the all rights to claim damages even in the event of suspension of service.
The Company reserves the right to remove this website in its entirety or any specific section or function without prior notice. The Company does not offer any warranties or guarantee of the availability of this website.
NO WARRANTY
This website is provided as it is, without any guarantees. We can’t promise it’ll always work perfectly or that the information here is flawless. Before you agree to use this website, make sure it fits your needs and works with your systems.
Privacy Policy
Our privacy polity applies to our services and platforms only. Third-party services and linked websites may have their own. This privacy policy (“policy”) will help you understand how the Company (“us”, “we”, “our”) uses and protects the data you provide to us when you visit and use our services.
We reserve the right to change this policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.
We respect the privacy of our users and only make this information available to third-parties on a need to know basis where the use thereof relates to the fulfilment of the booking or service requested by the user. POPIA compliance is our priority.
We collect an array of personal information, though we keep this to the bare minimum in order to perform our duties. Examples of this information would be names, email addresses, phone numbers, addresses, date of birth, passport or ID numbers, IP address and user-agent.
Our websites makes use of cookies in order to manage information transferred across sections of our websites.
Data processing
System data is hosted within the boundaries of South Africa, and CDN’s manage the distribution of our website’s content to viewers using a distributed array of nodes throughout the world. These nodes store and serve static renderings of our portals from servers closest to the user to increase page load time.
Data security
We limit access to authorised users when it comes to our data storage, network, servers and backup services. All employees with access to personal information do so under the guidance of confidentiality agreements and have background checks in place. All access to our systems is through access controlled networks to ensure the security of the data.
In the event of a breach we will notify our clients with instruction on actions needed to help remedy the situation where possible.
Data is stored for only as long as it is pertinent and never sold. You may request data to be removed at any time.
Why We Collect Your Data
We collect your data for several reasons:
- To better understand your needs.
- To improve our services and products.
- To send you promotional emails containing the information we think you will find useful.
- To customize our website according to your online preferences.
Safeguarding and Securing the Data
The Company is committed to securing your data and keeping it confidential. The Company has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online.
Our Cookie Policy
Once you allow our website to use cookies, you also agree to us using the data it collects regarding your online behavior (analyse web traffic, web pages you visit and spend the most time on).
The data we collect by using cookies is used to customize our websites to your needs. If you want to disable cookies, you can do so by accessing the settings of your internet browser. Doing so may prevent you from using our website effectively.
Restricting the Collection of your Personal Data
The Company will not lease, sell or distribute your personal information to any third parties, unless we have your permission or if this action is needed to complete your order. We might however do so if the law forces us to. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.
REVIEWS
We may ask customers to review suppliers once they have made us of a suppliers services. By leaving a review you agree to allow the Company, agents and suppliers to use these reviews in all forms of media. You do so, free of charge and without license.
You warrant that you have authority to grant us permission to make use of the material submitted and agree to surrender all rights to the content in favour of the Company who will make use of the said content as it sees fit without attribution to the source. The Company may additionally display your full name, date of travel and location down to the city or town.
COMMUNICATION OPT-OUT
If at any time you wish to opt out of electronic communication you may do so by unsubscribing by following the relent link in the email communication, or by emailing us with the request for no contact.
CUSTOMER TRACKING AND STATISTICS
Third-party services used to help us better understand our customers may make use of systems that track the behavior of users. We use this information to efficiently market our services and to make the user experience as seamless and use friendly as possible.
We make use of these services with the understand that they operate in good faith and within the bounds of South African regulations.
We retain the right of ownership to all statistics that are not personally identifiable.