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Terms and Conditions

TERMS AND CONDITIONS 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  
By accessing this website under domain name www.theroomlink.com, www.theroomlink.co.za and all other websites (“Website”) provided by K2015035136 (SOUTH AFRICA) PTY LTD (“TheRoomLink” , “we” or “us”), situated at 123 Thomson Street, Colbyn, 0083, Tel. 0826292870,  or by using any of our services, you agree to be bound by these Terms and Conditions (“Terms”) and Privacy Policy.  If you do not agree to all these Terms and Conditions and Privacy Policy, you are requested to exit this site immediately in order to prevent you from infringing on our legal rights.

We reserve the right to make any changes to these Terms which shall come into operation as soon as they have been updated on this Website.

Please refer to our Privacy Policy for information about how TheRoomLink collects, uses and discloses personal information.

1.    Eligibility and registration

1.1.  You need to be 18 years old to access our Website.  By using or registering on our website, you confirm that you are over 18 years of age.

1.2.  If you are accessing the Website on behalf of an organisation or entity, you confirm that you are authorised to accept the Terms on behalf of the organisation or entity.

1.3.  Access to most areas of our Website is available without registration.  However, certain areas of the website are only available to users who have registered or have become full members.

1.4.  You agree to

1.4.1.  create a unique password, not associated to any other online services;

1.4.2.  provide accurate, current, and truthful information when creating an account;

1.4.3.  protect your password without disclosing it to any other person in any way; and

1.4.4.  inform TheRoomLink of any suspected security breaches as soon as they occur.

2.    Disclaimer

2.1.  Although TheRoomLink will endeavour to provide accurate information on its website, we do not accept any responsibility for the accuracy of any information or content provided by any user or member.

2.2.  We cannot guarantee the quality, safety, compliance, or availability of any of the properties and listings associated with our Website.

2.3.  TheRoomLink will publish information in good faith on an ‘as is’ basis, which we will assume has been submitted by the user or member in accordance with our terms.

2.4.  No property offered by a user or member on our Website has been inspected by TheRoomLink.  We advise that all users of the site should thoroughly inspect the property prior to any contractual agreement.

2.5.  TheRoomLink cannot confirm the identity of users or members.  We do not investigate or verify any user or member’s reputation, conduct criminal background checks, credit worthiness, behaviour, honesty or morality.  We advise that all users of the site take precautions when interacting with other members, especially if you meet a stranger in person for the first time.

2.6.  We do not endorse any properties or rooms advertised on our site, and neither do we endorse any users seeking accommodation or rooms to rent.

2.7.  TheRoomLink cannot be held liable for any loss or damages of any nature whatsoever and however arising.

2.8.  By using our Website, you may be exposed to content from other users, members and third parties or by links to third-party websites (“Third Party Content”).  We do not endorse or control Third Party Content, and shall have no responsibility for material that might be incomplete, erroneous, offensive, incorrect or misleading.

2.9.  TheRoomLink shall have the right to edit, remove, delete or alter any content on the Website without any notice and at any time.

3.    Availability

3.1.  TheRoomLink cannot guarantee that the Website will be available uninterrupted for 24 hours a day and will not be liable in any way whatsoever if the Website is unavailable for any period at any time of the day.

3.2.  Although TheRoomLink will endeavour to provide uninterrupted service of the Website, it may need to be temporarily suspended without notice as a result of system failure, maintenance, repair or any other unforeseen event and will not be available during these times.

3.3.  TheRoomLink will not accept responsibility for any loss whatsoever to any third party or legal entity as result of interrupted service to the Website for whatever reason.

4.    User and member material and conduct

4.1.  You are solely responsible for any content you submit or transmit via our Website and agree not to post, upload, transmit, distribute or publish any content which is unlawful, harassing, defamatory, invasive of privacy, offensive, contains sexual, suggestive indecent content, discriminatory or racially offensive content.

4.2.  You agree that all photos and videos uploaded to the Website are accurate and a true depiction of the property on offer, and that you own or control all the rights to these photos, videos and any other content submitted or published on the Website.

4.3.  You agree not to use any automated software on any Website of TheRoomLink, as well as not to post any content which contains viruses, corrupted data, cancel bots, Trojan horses, harmful code, or any similar methods or technology which may be technically harmful.

4.4.  You irrevocably and voluntarily grant TheRoomLink a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully sub-licensable licence to use, reproduce, display, translate, perform, adapt, modify, change, create derivative works, distribute or use in any media known or later developed, including the right to use the name you have submitted, likeness, voice or identity.

4.5.  You are not permitted to gain or attempt to gain unauthorised access to any part of the Website or any other systems or networks connected to the Website.

4.6.  You may not impersonate or misrepresent any person by either submitting false or inaccurate information or content or by omitting relevant information.

4.7.  You may not hold yourself or represent yourself as an agent of TheRoomLink without the written permission from TheRoomLink.

4.8.  You may not register for more than one account for whatsoever reason.

4.9.  You may not use our Website or any of our services for the purpose of sending spam or unsolicited messages to any other user of the Website.

4.10  You may not add telephone numbers or contact details in the property description, property photos or any content that you add to your profile on the Website

5.    Copyright and limited licence

5.1.  You may view any content on TheRoomLink Website and make any hard copy prints for non-commercial and personal use as well as making temporary copies, including caching for online use.  However, you may not copy any content whatsoever to third parties or use any content for commercial, or public purposes, whether you may gain from it financially or not. 

5.2.  You may not use the logo, any designs, text, graphics, pictures, videos, information, data, software, sound files or other files (“TheRoomLink Materials”) of TheRoomLink without their written consent.  The copyright and intellectual property rights of TheRoomLink Materials are owned by the TheRoomLink, and a breach of these terms will result in the immediate termination of the permission to use this Website , and all copies of any of TheRoomLink Materials in your possession must be destroyed immediately.  Unauthorised use of TheRoomLink Materials may also lead to the violation of our legal right such as copyright, trademarks, intellectual property et cetera.

5.3.  You may not use any metatags or hidden text utilising TheRoomLink name, trademarks or service offered by TheRoomLink without written consent.

5.4.  Any rights not granted to you in writing in accordance with these Terms are reserved by TheRoomLink.

6.    Links

6.1.  Any links to third party websites are provided purely for your information.  Once you click on these links you will leave TheRoomLink Website and be taken to a third party website which is in no way endorsed, verified, controlled or reviewed by us.  Use of these websites are entirely at your own risk and we would encourage you to familiarise yourself with their terms and conditions before using their sites.

6.2.  As Google Maps have been incorporated into our services, you also agree to be bound by Google’s Terms of Use

6.3.  You are granted a limited, non-exclusive right to create a text hyperlink to TheRoomLink Website, provided that the link does not portray TheRoomLink in a negative, derogatory or false manner, and also provided that the site does not contain any adult, illegal or offensive material.  This right may be revoked at any time.

6.4.  You may also not use any framing techniques to enclose TheRoomLink logos, trademarks or any other information found on TheRoomLink Website.

7.    Termination and cancellation

7.1.  We may at our sole discretion and without prior notification terminate your access to our services, deactivate or delete your account and all related information, bar your access to any of our services on our Website, or modify or discontinue any part of our services.

7.2.  We reserve the right to refuse to accept any content from any user or member and to deactivate or amend any content in violation of our Terms.  

7.3.  We reserve the right to suspend any advertisement, listing or content whilst we investigate instances of abuse or unsuitable content.  We aim to ensure that all content on the Website is suitable, but cannot guarantee that any offensive material will be removed immediately, although we shall endeavour to remove it as soon as possible.

7.4.  You may not share or transfer your account with anyone.  We reserve the right to immediately cancel your account should it become apparent that you have shared your account in contravention of these Terms.

8.    Liability

8.1.  IN NO EVENT SHALL THEROOMLINK, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO (a) THE USE OR INABILITY TO USE OUR WEBSITE OR SERVICES, (b) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTION ENTERED INTO THROUGH OR FROM OUR WEBSITE OR SERVICES (c) DISCLOSURE OF, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT; (d) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMMES, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (e) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE OR WEBSITE, (f) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF OUR WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR MEMBERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ONLINE OR OFFLINE; OR (g) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.

8.2.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTEES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTION 8 OR 9 MAY NOT APPLY TO YOU.

9.    Indemnity

      You agree to hold harmless and indemnify TheRoomLink and its subsidiaries, affiliates, officers, agents and employees, from and against any claim arising or in any way related to your use of our services and the Website.  This will include any liability or expense, legal costs and related expenses, arising from all claims, losses, damages both actual and consequential, suits, judgements, legal costs of every kind and nature.

10.   Miscellaneous

10.1. If at any time, any one or more of the provisions in these Terms, or any part thereof, is rendered void or unenforceable for whatsoever reason under any law, it shall not affect the validity or enforceability of any of the other Terms, all which shall remain in full force and effect

10.2. These Terms contain the entire agreement and shall supersede all prior understandings between parties regarding their subject matter.

10.3. Our failure or delay in exercising any right, power or privilege under these Terms shall not indicate in any way as a waiver thereof.

10.4. These Terms shall be interpreted in accordance with the laws of South Africa and any dispute, legal action, arbitration or problem-solving shall be resolved within the jurisdiction of the Courts of South Africa.

10.5. You may not assign your rights or obligations under this agreement without the written consent from TheRoomLink.  However, TheRoomLink may assign all or any of its rights under this agreement and these Terms in whole or in part, without obtaining your consent or approval.