|Data||collectively all information that you submit to Five Star Guides via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;|
|Cookies||a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);|
|Data Protection Laws||any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;|
|GDPR||the General Data Protection Regulation (EU) 2016/679;|
|Five Star Guides,
we or us
|Five Star Guides, whose registered office is at Exceed House, Springfield Office Park, Bellville, Cape Town;|
|UK and EU Cookie Law||the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronxic Communications (EC Directive) (Amendment) Regulations 2011;|
|User or you||any third party that accesses the Website and is not either (i) employed by Five Star Guides and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Five Star Guides and accessing the Website in connection with the provision of such services; and|
|Website||the website that you are currently using, https://www.fivestarguides.co.za, and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
|Type of Cookie||Purpose|
|Strictly necessary cookies||These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.|
|Analytical/performance cookies||They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.|
|Functionality cookies||These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).|
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
We use the following strictly necessary cookies:
|Description of Cookie||Purpose|
We use the following analytical/performance cookies:
|Description of Cookie||Purpose|
|Google Analytics||We use this cookie to help us analyse how users use the website|
We use the following functionality cookies:
|Description of Cookie||Purpose|
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, kindly refrain from using this website.
You must be at least  years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least  years of age.
License to use website
Unless otherwise stated, Five Star Guides and/or its licensors own the intellectual property rights in the website and content majority on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution].
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Five Star Guides' express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Five Star Guides' express written consent.
Access to certain areas of this website may be restricted. Five Star Guides' reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Five Star Guides' discretion.
If Five Star Guides' provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Five Star Guides may disable your user ID and password in Five Star Guides' sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Five Star Guides a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Five Star Guides the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Five Star Guides or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Five Star Guides reserves the right to edit or remove any material submitted to this website, or stored on Five Star Guides' servers, or hosted or published upon this website.
[Notwithstanding Five Star Guides' rights under these terms and conditions in relation to user content, Five Star Guides does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
This website is provided “as is” without any representations or warranties, express or implied. Five Star Guides makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Five Star Guides does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
Five Star Guides will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Five Star Guides will, at all times, take all reasonable measures to ensure that all content provided and displayed, both audio and visual, does not violate any legal or constitutional license or agreement. In using this website, you acknowledge that, at times, it may not be possible to confirm the legal validity or ownership of such content, and that, as such, Five Star Guides will therefore not be liable for any such contravention, and that should any violation or infringement be discovered, that such violation or infringement is reported to Five Star Guides, through Five Star Guides' established communication channels, for such violation or infringement to be reviewed, ammended or withdrawn from the site, as appropriate.
These limitations of liability apply even if Five Star Guides has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Five Star Guides' liability in respect of any:
death or personal injury caused by Five Star Guides' negligence;
fraud or fraudulent misrepresentation on the part of Five Star Guides'; or
matter which it would be illegal or unlawful for Five Star Guides' to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Five Star Guides' has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Five Star Guides' officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Five Star Guides' officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Five Star Guides.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Five Star Guides and undertake to keep Five Star Guides indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Five Star Guides to a third party in settlement of a claim or dispute on the advice of Five Star Guides' legal advisers) incurred or suffered by Five Star Guides arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Five Star Guides other rights under these terms and conditions, if you breach these terms and conditions in any way, Five Star Guides may take such action as Five Star Guides deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Five Star Guides may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Five Star Guides may transfer, sub-contract or otherwise deal with Five Star Guides rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Five Star Guides' in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Sout Africa, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.
Five Star Guides details
Five Star Guides address is Exceed House, Springfield Office Park, Bellville, Cape Town.
You can contact Five Star Guides by email to firstname.lastname@example.org.
(Credit: This document was created using a Contractology template available at http://www.contractology.com)