Thank you for choosing FunGuru.co.za. Please read these terms and conditions of use carefully before using or obtaining any information, content, products or services through this site.
By accessing or using the FunGuru website (“Our Website”), you agree to be bound by these terms and conditions (“Terms”). If you do not accept all of these Terms, then please do not use Our Website. We reserve the right at any time, at our sole discretion, to modify these Terms without prior notice, and your continued use of Our Website signifies your acceptance of the updated Terms.
FunGuru provides you with activities, tours, tickets and/or other services (“Activity/Activities”) acting as agents for principals engaged in or associated with the travel and entertainment industry, such as tour operators and other activity providers (“the Principal”). FunGuru represents the Principal as agents only and accordingly accepts no liability for any injury, loss, claim, illness, harm, death or damage of any kind which you may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations. By making a reservation through Our Website, you enter into a direct, legally binding, contractual relationship with the Principal at which you book. This contract shall constitute the sole contract between the Principal and you and any right of recourse that you may have against the Principal.
By accessing our using Our Website you warrant:
The content including text, graphics, button icons, audio and video clips, digital downloads, data compilations, other material and software (“The Content”) together with the collection, arrangement and the compilation of The Content is copyrighted to FunGuru. The Content may not be copied, reproduced, sold, displayed, republished, uploaded, posted, transmitted or distributed without the prior written permission of FunGuru, except that you may download, display and print The Content presented by Our Website for your personal, non-commercial use only. If you do so, you may not modify the Content in any way, and you must retain all copyright and trademark notices, including any other proprietary notices, contained in The Content, and you must not obscure, alter or delete any of such notices. Other product, company names, logos and trademarks contained in Our Website are the property of their respective owners and are mentioned in Our Website for identification purposes only.
FunGuru grants you a limited, non-transferable license to access and make personal, non-commercial use of Our Website in accordance with the Terms of this agreement. Additionally, you agree not to:
FunGuru may, at our sole discretion, at any time and without notice or liability, suspend, terminate or restrict your access to Our Website.
We appreciate your interaction with Our Website and receiving your feedback. Please be aware that by voluntarily submitting content to Our Website by postings on Our Website, electronic mail or otherwise, including any Activities or attraction reviews, photographs, images, video clips, questions, comments, suggestions, ideas or other material (“User Submissions”), you grant FunGuru and its affiliated companies, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, display such User Submissions in any form or media. You further grant FunGuru the right to pursue at law any person or entity that violates your or FunGuru’s rights in the User Submissions by a breach of this agreement. You grant FunGuru the right to use the name that you submit in connection with such User Submissions. You represent and warrant that you own or otherwise control all of the rights to the User Submissions; that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person. FunGuru has the right but not the obligation to monitor User Submissions and reserves the right to edit or remove any User Submissions. FunGuru takes no responsibility for any User Submissions displayed.
At FunGuru we check and recheck the details of all the services and products we offer on Our Website however, all information, content, materials, products, software and services included on or otherwise made available to you through Our Website are provided by FunGuru on an "as is" and “as available” basis. FunGuru makes no representations or warranties of any kind, express or implied, as to the operation of Our Website or the accuracy, completeness, currency or reliability of any of the information, content, materials, products, software or services included on or otherwise made available to you through Our Website. Although we exercise reasonable efforts, FunGuru does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information, ratings, reviews and description of the Principals displayed on Our Website or included within communications with FunGuru or the Principals, as much of this information is provided by the respective Principal. FunGuru expressly disclaim any representation or warranty that Our Website will be free of viruses, that our services will be available uninterrupted and communications to or from Our Website will be secure and not intercepted. You expressly agree that your use of Our Website is at your own sole risk.
By offering these Activities, FunGuru does not represent or warrant that such Activities are advisable, suitable or without risk, and is not liable for damages or losses that may result from participating in an Activity.
In no event shall FunGuru be liable for any injury, loss, claim, damage, or any direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind, whether based on a theory of negligence, contract , tort, strict liability, or otherwise, which arise out of or are in any way connected with (i) any use of Our Website or content found therein, (ii) any failure or delay, or (iii) the performance or non-performance by FunGuru, its agents or the Principals, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
The activity providers and the Principals providing services or products on Our Website are independent contractors and not agents or employees of FunGuru. FunGuru shall not be held liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. FunGuru and our Principals have no liability and will make no refund in the event of any delay, cancellation, or overbooking resulting from a strike, force majeure or other cause beyond FunGuru or the Principal’s direct control, and they have no responsibility for any additional expense, omissions, delays or re-routing.
If, despite the limitation above, FunGuru is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitations or exclusions of liability above, then FunGuru liability will in no event exceed the greater of the service fees earned by FunGuru in connection with such transaction, or R100.
You agree to defend and indemnify FunGuru and their agents, and each of their respective officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of this agreements, your use of Our Website, your violation of any law or the rights of any third party.
Upon submitting your reservation request you authorize FunGuru to facilitate Activity reservations, on your behalf, including making payment arrangements with the Principals and other related suppliers. You agree to make the necessary deposit payments via bank transfer or direct deposit into FunGuru’s bank account or you agree that your credit card will be charged by FunGuru or the Principal for the stipulated amount.
By making a reservation with the Principal, you accept and agree to the relevant cancellation, amendment and no-show policy of the Principal, and to any additional terms and conditions of the Principal that may apply to your reservation or while making use of their services rendered and/or products offered, these terms and conditions can be obtained from the relevant Principal.
Whilst we have made every effort to ensure accuracy and availability, some errors might still occur and we reserve the right to correct or amend reservations. Once aware of such incidents we will make all reasonable effort to advise you within 2 working days. In the event of a price correction to a reservation, we will offer you the opportunity to keep your reservation at the correct price, or at your option, we will cancel your reservation without penalty. This right applies whether or not the reservation has been confirmed and/or payment received.
In the unlikely event of the Principal cancelling your reservation or making significant changes to the Activity booked such as tour dates, prices, inclusions, restrictions or age requirements, we will make all reasonable efforts to advise you as soon as possible. Should the Principal be unable to fulfil your reservation, you will have the choice of accepting an offered alternative or cancelling your reservation with a full refund of all monies paid.
You may cancel or change your reservation, but you will be charged the cancellation or amendment fee indicated during the reservation process. All date changes and amendments are subject to availability of our suppliers and FunGuru cannot guarantee the success of any change request. Cancellation terms vary between Activities, and those pertaining to each Principal are clearly indicated during the reservation process. You agree to abide by these cancellation terms and conditions imposed with respect to your Activity reservations.
In the event you do not show for the start of the Activity and plan to sign-in after commencement, you must confirm the reservation changes with the Principal prior to commencement to prevent cancellation of your reservation. Late sign-ins are at the discretion of the Activity providers and usually dependent on the type of Activity being offered.
FunGuru strongly advises you to take out adequate insurance cover such as cancellation due to illness, injury or accident, personal accident and personal liability, loss of or damage to baggage, particularly should this reservation be a substantial purchase, physically challenging or you find the cancellation policy highly onerous. FunGuru will not be responsible or liable if you fail to take adequate insurance cover or at all.
These terms and conditions shall be governed in accordance with the laws of the Republic of South Africa. You hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes of any sort that might arise between you and FunGuru.
You agree that no joint venture, partnership, agency, or employment relationship exists between you and FunGuru as a result of this Agreement or the use of Our Website.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the parties with regard to the subject matter hereof.
If any part of this Agreement is found to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Our failure or delay in enforcing any provision of this agreement at any time does not waive our right to enforce this agreement in the future.