Klubhoppers offers a platform where people can find their closest entertainment venues to visit (“Klubhop”) and view the live video feeds of the venues that they would like to go to without having to drive to the venue first.
This legal agreement (“the Terms”) between you and KLUBHOPPERS (Pty) Ltd (“KLUBHOPPERS”) governs your access to and use of the KLUBHOPPERS mobile, tablet and other smart device application, product, software, service and website (collectively referred to as “the KLUBHOPPERS platform”). It is important that you read and understand the following terms - by clicking “Agree” or by signing this agreement, you agree that these terms will govern your access to or use of the KLUBHOPPERS platform.
Please read the Terms as they regulate your relationship with KLUBHOPPERS and contain important information about your legal rights, remedies and obligations.
KLUBHOPPERS is the provider of the Service, as defined in paragraph 1 below, and maintains the KLUBHOPPERS platform in connection with the Service. The Service permits you to utilize the KLUBHOPPERS platform only under the terms and conditions set out in these terms.
1. SCOPE OF KLUBHOPPERS SERVICES
1.1. KLUBHOPPERS provides a platform that enables club/pubs/restaurants etc (“the Venues”) to advertise their services on the KLUBHOPPERS platform and to communicate and transact directly and conveniently with registered users (“the users”) that seek venues to go and visit.
1.2. If you choose to use the KLUBHOPPERS platform as a Venue, your relationship with KLUBHOPPERS is limited to you being an independent, third party contractor, and you are not an employee or agent of KLUBHOPPERS, and you act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit of KLUBHOPPERS. KLUBHOPPERS does not direct or control you generally or in your performance under these Terms including in connection with your provision of the Venue service.
1.3. KLUBHOPPERS cannot guarantee the continuous and uninterrupted availability and accessibility of the KLUBHOPPERS platform. KLUBHOPPERS may restrict the availability of the platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the platform. KLUBHOPPERS may improve, enhance and modify the platform and introduce new services from time to time.
2. REQUIREMENTS FOR USE OF THE SERVICE
2.1. In order to register as a Venue on the KLUBHOPPER platform you must be an individual at least 18 years old.
2.2. KLUBHOPPERS may make access to and use of the KLUBHOPPERS platform, or certain areas or features of the platform, subject to certain conditions or requirements, such as completing a venue listing, meeting specific quality or eligibility criteria, or a members booking and cancellation history.
2.4. Limitations on Use: You agree to use the Service only for purposes permitted by these terms and only to the extent permitted by any applicable law, regulation, applicable policies or agreements, or generally accepted practice in the applicable jurisdiction. If your use of the Service or other behavior intentionally or unintentionally threatens KLUBHOPPERS' ability to provide the Service, KLUBHOPPERS shall be entitled to take all reasonable steps to protect the service and KLUBHOPPERS’ platform which may include the suspension of your access to the KLUBHOPPERS platform. Repeated violations of the limitations may result in the termination of your access to the KLUBHOPPERS platform.
2.5. You may not use the Service in any situation or environment where use, failure, delays, errors, inaccuracies or fault of the service could lead to personal injury, physical or environmental damage or death.
2.6. Changing the Service: KLUBHOPPERS may modify the Terms from time to time or upon release of an updated version of the Service. KLUBHOPPERS reserves the right at any time to modify these terms and to impose new or additional terms or conditions on your use of the KLUBHOPPERS platform in the following situations:
2.6.1. Due to circumstances arising from legal, regulatory or governmental action;
2.6.2. To address security, privacy, or technical integrity concerns;
2.6.3. To avoid service disruptions to other users;
2.6.4. Due to a natural disaster, pandemic, catastrophic event, war, acts of God or other similar occurrence outside of KLUBHOPPERS’ reasonable control.
2.6.5. Your use of the Service following any changes to these terms will constitute your acceptance of those changes to these terms, as applicable.
2.7. Accessibility: KLUBHOPPERS shall take all reasonable steps to ensure that you readily have access to use the service but KLUBHOPPERS shall not be liable for any lack of availability of the service or the KLUBHOPPERS platform for any reason including, but not limited to, any system backup or other routine maintenance, communication network failures or force majeure events.
2.8. Support: KLUBHOPPERS shall take all reasonable steps to provide you with support for use of the service or the KLUBHOPPERS platform.
2.9. Compliance with the law: You agree that you are solely liable and responsible for ensuring that your use of the Service and the KLUBHOPPERS platform fully complies with all applicable laws including all privacy and data protection laws.
3. MODIFICATION OF THESE TERMS
3.1. KLUBHOPPERS reserves the right to modify these terms at any time in accordance with this provision. If changes are made to these terms, the revised terms will be posted on the KLUBHOPPERS platform and the “Last Updated” date at the top will be updated. Your continued access to or use of the KLUBHOPPERS platform will be construed as your acceptance of the amended terms.
4. YOUR USE OF THE SERVICE
4.1. You must register an account to access and use certain features of the KLUBHOPPERS platform such as advertising your availability as a venue or to use any of the platform and app services as a user.
4.2. You must provide accurate, current and complete information during the registration process and keep your account information and profile page information up to date.
4.3. You are not allowed to register more than one user account.
4.4. You are responsible for maintaining the confidentiality and security of your profile credentials. You must immediately notify KLUBHOPPERS if you have reason to believe that your credentials have been compromised, lost, misappropriated or stolen or should you suspect unauthorised use of your profile. You are liable for any and all activities conducted through your KLUBHOPPERS profile unless such activities are not authorised by you or deemed to be negligent.
5. CONTENT AND YOUR CONDUCT
5.1. KLUBHOPPERS may at its sole discretion enable venues/users to create, upload, post, send, receive and store content such as text, audio, video or other information on or through the KLUBHOPPERS platform and access and view user content and any content that KLUBHOPPERS itself makes available on or through the KLUBHOPPERS platform.
5.2. The KLUBHOPPERS platform may in its entirety or in part be protected by copyright, trade mark and or other laws. You acknowledge and agree that the KLUBHOPPERS platform and content displayed thereon, including any and all associated intellectual property rights, are the exclusive property of KLUBHOPPERS. You will not remove, alter or obscure any copyright or trade mark or any other proprietary rights notices appearing on the KLUBHOPPERS platform. All trade marks, names and logo’s used on or in connection with the KLUBHOPPERS platform are trade marks of KLUBHOPPERS.
5.3. You may not use, copy, adapt or modify any content on the KLUBHOPPERS platform, except to the extent that you are the legal owner of the content or otherwise as agreed upon in these terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owner or controlled by KLUBHOPPERS or its licensors, except for the licenses and rights expressly granted in these terms.
5.4. Subject to your compliance with these terms, KLUBHOPPERS grants you a limited, non-exclusive, non transferable license to download and use the KLUBHOPPERS application on your personal device and access and view any content made available on or through the KLUBHOPPERS platform and accessible to you, solely for your personal and non-commercial use.
5.5. By creating, uploading, posting, sending, receiving, storing or otherwise making available any content on or through the KLUBHOPPERS platform, you grant KLUBHOPPERS a non-exclusive, worldwide, royalty-free, irrevocable, transferable license to such content to access, use, store, copy, modify, distribute, publish, transmit, stream, broadcast and otherwise exploit in any manner such content to provide and/or promote the KLUBHOPPERS platform in any media or on any platform. Insofar as your content includes personal information, such member content will only be used for the above mentioned purposes if such use complies with the applicable data protection laws in South Africa. Unless you provide specific consent, KLUBHOPPERS does not claim ownership rights in any content and nothing in these terms will restrict any rights that you may have to exploit your content.
5.6. You are solely responsible for all content that you make available on or through the KLUBHOPPERS platform. You represent and warrant that you either are the sole and exclusive owner of the content that you make available on or through the KLUBHOPPERS platform or you have all rights, licenses, consents or releases that are necessary to grant KLUBHOPPERS the rights in and to such content, and neither the content, or any part thereof, neither will the content you are uploading, infringe, misappropriate or violate a third party’s intellectual property rights or rights of privacy or result in the violation of any applicable law or regulation.
5.7. You will not post, upload, publish or submit any content that is fraudulent, false, misleading or deceptive, is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or threatening conduct, promotes illegal or harmful activities; or violates this agreement.
6. DATA PRIVACY AND SECURITY
6.1. You agree that KLUBHOPPERS may receive and process your personal information that you provide yourself in accordance with the applicable privacy and data protection laws in order to provide an efficient service for which you have voluntarily registered, as specified in these terms.
6.2. KLUBHOPPERS will take all reasonable steps to safely store and minimise the harm or security breaches of the processed personal information of the venues and users while they are registered on the KLUBHOPPERS platform and will not share the personal information as such, subject to the provisions of the POPI Act and any other applicable privacy and data protection laws.
6.3. KLUBHOPPERS will notify you as soon as reasonably possible if KLUBHOPPERS becomes aware that your personal information has been altered, deleted, modified or lost as a result of any unauthorised access to the KLUBHOPPERS platform.
7. PROPRIETARY RIGHTS; SOFTWARE
7.1. You acknowledge that KLUBHOPPERS owns all legal right, title and interest in the KLUBHOPPERS platform and any software provided to you in connection with the KLUBHOPPERS platform which also includes any and all intellectual property rights that exist in and on the KLUBHOPPERS platform, whether registered or not.
7.2. Your further acknowledge that the KLUBHOPPERS platform may contain proprietary and confidential information which is protected by intellectual property, data protection and privacy laws.
7.3. You agree that you will not use any information or material available on the KLUBHOPPERS platform in any way whatsoever that is not permitted by KLUBHOPPERS or used in the furtherance of the service provided in terms hereof.
7.4. The use of the software or any part of the KLUBHOPPERS platform, except for use of the platform as permitted in this agreement, is strictly prohibited, may infringe on the intellectual property rights of KLUBHOPPERS or others and may subject you to civil and criminal offences.
8. TERMS SPECIFIC FOR VENUES
8.1. When creating a listing through the KLUBHOPPERS platform you must provide complete and accurate information about your services as a venue (such as venue information, location and contact information), disclose any deficiencies, restrictions and requirements that apply (such as dress code, entrance fees, services offered) and provide any other pertinent information requested by KLUBHOPPERS. You are responsible for keeping your listing information up-to-date at all times.
8.2. When you accept our contract agreement, you are entering into a legally binding agreement with Klubhoppers and are required to provide your venue services to the users as described in your listing on the Klubhopper platform. You also agree to pay the applicable monthly fee to Klubhoppers and any applicable taxes.
9. TERMS SPECIFIC FOR USERS
9.1. Subject to meeting any requirement set by KLUBHOPPERS or the venue, you can freely use all functionalities available on the KLUBHOPPERS platform.
9.2. You acknowledge and agree that it is your responsibility to review the listing information of any venue you wish or intend to visit. It is also your responsibility to ensure that you meet any requirement with regards to dress code, entrance fees or services offered which the venue has specified on their listing profile.
10. TERM AND TERMINATION (APPLICABLE TO VENUES ONLY)
10.1. This agreement shall be effective for a 30-day term (calendar month), at the end of which it will automatically and continuously renew for subsequent 30-day terms (calendar month) until such time that you or KLUBHOPPERS terminate the agreement with a calendar month notice to cancel in accordance with this provision.
10.2. You may terminate the agreement at any time by sending us an email. If you cancel your KLUBHOPPERS account you must give us a 30 day's (calendar month) notice in writing.
10.3. KLUBHOPPERS may terminate this agreement for convenience by giving you 30 days’ (calendar month) notice in writing.
10.4. KLUBHOPPERS may immediately, without notice, terminate this agreement and/or restrict or withdraw your access to the KLUBHOPPERS platform if you have materially breached your obligations under this agreement, or if you have violated any applicable laws, regulations or third party rights or if KLUBHOPPERS believes that such action is reasonably necessary to protect the personal safety of KLUBHOPPERS, a user or a third party.
10.5. In the cases of non-material breaches and where appropriate, KLUBHOPPERS will give you notice of any intended measures against you and an opportunity to resolve the issue to KLUBHOPPER’s satisfaction.
11. DISCLAIMER OF WARRANTIES
11.1. If you choose to use the KLUBHOPPERS platform or the services of a venue listed on platform, you do so entirely at your own risk. The KLUBHOPPERS platform is provided as is, without warranty of any kind, expressed or implied.
11.2. KLUBHOPPERS does not and cannot guarantee, represent or warrant that your use of the KLUBHOPPERS platform will be uninterrupted or error-free or that the service will be available 24/7, and you agree that KLUBHOPPERS may from time to time remove the service or make the platform inaccessible for indefinite periods of time, or cancel the service.
11.3. KLUBHOPPERS does not and cannot guarantee network availability and will not be liable for any network downtime that you may experience as a result of network connectivity issues or otherwise. Further to this point, any network downtime can and may influence the ability of the security features of the platform to function efficiently and you agree that KLUBHOPPERS cannot be held liable as a result thereof.
12. INDEMNIFICATION AND WAIVER
12.1. To the maximum extent permissible by the applicable laws, you agree to release, defend (if called upon), indemnify and hold KLUBHOPPERS and its affiliates, officers, directors and agents harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of this agreement , your improper use of the KLUBHOPPERS platform or your interaction with any user or your breach of any laws, regulations or third party rights.
13.1. Words and phrases in the singular shall include the plural and vice versa, and any reference to genders will include a reference to the other gender.
13.2. Headings are included for reference purposes only and shall not be taken into account when interpreting the agreement.
13.3. If there is a conflict between figures referred to in numerals and words, the words shall prevail.
13.4. Notices: KLUBHOPPERS may provide you with notices regarding the service or platform by email to your email address or by posts on any KLUBHOPPERS platform accessible to you. You consent to receive notices by email, subject to the option to unsubscribe from receiving such notices.
13.5. Governing Law: This agreement and the parties’ relationship will be governed by the laws of South Africa as and where applicable.
13.6. Entire Agreement: This Agreement constitutes the whole agreement between the parties on the subject. No variation or addition to this Agreement will be of any force or effect unless reduced to writing and signed by or on behalf of the Parties.
13.7. Severability: In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, those terms will be severable from the remaining terms which will continue to be valid and enforceable.
13.8. No Waiver: The failure by KLUBHOPPERS to exercise or enforce any right or provision in these terms shall not constitute a waiver of such right or provision.
13.9. Assignment: You may not assign or transfer your rights or obligations in this agreement in whole or part without KLUBHOPPER’s prior written approval and you give your approval that KLUBHOPPERS may assign or transfer these terms in whole or in part to an affiliate, subsidiary, successor or an acquirer of KLUBHOPPER’s business or platform, in order to continue or improve on the service offering in terms of this agreement.
13.10 KLUBHOPPERS (PTY) LTD is situated at 393 Colorado Street, Fairie Glen, Pretoria, Gauteng, 0081
Scope of this Policy
The App and the Company complies with all provincial and national privacy laws, including but not limited to the Protection of Personal Information Act 4 of 2013 ("POPI") the General Data Protection Regulation ((EU) 2016/679) ("GDPR").
The collected personal information by the App will only be used by authorized persons to fulfill the purpose for which it was originally collected or for a use that is consistent with that purpose. The App and the Company will not disclose information to other individuals, public bodies or other persons except as authorized or required by law.
How, What and Why Personal Information is Being Collected?
It is the nature of the internet and software application service that internet service providers or web servers automatically collect certain information about your visit to the App (the “Information”). Cookies that store personal information might also be used to assist the App’s functions and services. A cookie is a small file stored on your computer or devices by your web browser when using some websites. A cookie may remain on your computer or devices after the internet session finishes. If you wish, you may opt-out of having your visit tracked by changing your browser settings. However, your visit may be affected in other ways.
Examples of personal information that might be collected automatically include, but not limited to, the following:
1) Visitor’s Internet Protocol (IP) address of the computer the visitor is using, which address may identify the visitor or user of the App;
2) The web browser and operating system you are using;
3) The pages or services you accessed to;
4) If you visited another web page or software application before visiting the App, the web address (URL) of the previous web page if it referred you to the App;
5) The web address (URL) of the first website you visit immediately after you leave the App if the App refers you to that website;
6) The date and time of the visit.
7) General personal details: your name and surname, gender, date of birth, age, nationality, language preferences, identity or passport number.
8) Contact details: your address, contact number, email address, public social media profile(s).
9) Account details: such as your username, password, usage data and aggregate statistical information.
10) User information: Personal Information included in correspondence, transaction documents, use of the Services or other materials that we process in the course of providing the Services.
11) Data relating to our Platform: such as the type of device you use to access the Platform, the operating system and browser, browser settings, IP address, dates and times of connecting to and using the Platform and other technical communications information.
12) Cookies and other technologies.
13) Content and advertising data: records of your interactions with our online advertising on the various websites which we advertise and records relating to content displayed on web-pages displayed to you.
14) Views and opinions: any views and opinions that you choose to share with us, or publicly post about us on social media platforms or on various other websites.
The Information may be collected for the purpose to better understand general user and visitor trends at an aggregate level, to improve the performance, services and maintenance of the App, to ensure the proper functioning of the App and to review the effectiveness and usefulness of the App.
The App and the Company may also collect personal information as submitted voluntarily by the visitors and users through the App or to the Company via mail, courier, personal drop-off, email or other delivery methods. This may include, but not limited to, the following:
1) Business Logo, business contact information and data from the venue's live i.p cam submitted by venue owners in order to be qualified as a venue by the App.
2) Identity documents or other documents relating to the personal and private information of the visitor and user of the App.
3) The contact details, including but not limited to email addresses or telephone numbers that are voluntarily submitted and provided by visitors and users of the App. Such voluntarily provided personal information might be submitted and provided for the purpose to allow the App to contact the visitor or user by email, telephone or other contact details or to subscribe to the App’s newsletters and emails; and
4) Other information and documents voluntarily submitted and provided by the visitors and users to the App Managing Your Personal Information With Us
5) Modifying or correcting your information
If you have an account with us, you can access, correct, delete, or modify some of the personal information you provided to us in your account settings.
Klubhoppers may send you email communications periodically detailing new Service features or promotions. You may unsubscribe from these messages by using the link at the bottom of the email. We will still send you email messages about the status of your account or any notices as required by law. You may not opt-out of receiving these administrative emails so long as you continue to use the Service. If you wish to terminate your account, please contact us.
You can prevent your device from sharing location information through your device’s system settings. But if you do, this may impact Klubhoppers’s ability to provide you our full range of features and services.
You can modify your cookie settings on your browser settings. If you delete or choose not to accept our cookies, you may be missing out on certain features of the Service.
Do Not Track
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities. The Service does not currently support Do Not Track requests at this time.
7) Collecting your personal information
We collect Personal Information about you from the following sources:
- directly from you when you provide it to us, such as when you sign up to use the Platform and Services.
- from your use of the Services, whether as a app user or venue owner;
- from your use of our Platform or use of any features or resources available on or through our Platform;
- from public sources where you have made your Personal Information public, including on social media; and
- from third parties and our service providers when you interact with them through the Platform or as required of the third parties to share it with us.
The Information may be collected for the purpose to operate the App and deliver the services you have requested, to inform you of other products or services available from the App, the Company and its affiliates or to conduct research about your opinion of the services or of potential new services that may be offered.
The App and the Company may also use your personal information for any other purpose permitted by the applicable law.
In particular, by accessing or using the App or otherwise providing personal information to the App and the Company, you specifically acknowledge the processing and transfer of personal information in and to South Africa (RSA) and that any personal information which is disclosed, transferred, stored or processed in the RSA may be subject to legal requirements of that jurisdiction, including the Protection of Personal Information Act 4 of 2013 ("POPI").
We may share your personal information with our service providers, including those who help deliver our products and services, help us market our products and services, and otherwise help us operate our business. These third parties are not authorized by us to use your Personal Information except in connection with providing services to us.
Third-Party Social Media Account
The App may allow you to sign up and/or log into the App using your other social media account, for example, your Facebook account. If you sign up using your other social media account, or otherwise link your other social media account and your accounts with the App, your other social media account may ask your permission to share certain personal information from your other social media account with the App. This may include your first name, last name, email address, gender, general location, a link to your other social media account profile, your time zone, birthday, profile picture, your "likes" and your list of friends. If you choose to grant that permission to your other social media account, it will share that information with the App on an ongoing basis and we will treat information we receive from your other social media account the same as if you provided that information directly to the App and the Company. You can control the information that we receive from your other social media account using the privacy settings in your account with other social media services.
If you provide or submit your personal information through the App or to the Company, you are consenting to the App’s use of the personal information to contact you or for any other purpose reasonably connected to the provision of your personal information.
As permitted by applicable privacy legislation, the App and the Company reserve the right to use or disclose your Personal Information without your knowledge or consent where we are permitted or required to do so by applicable law and regulations.
The App and the Company comply with industry-standard means to store collected data, information or documents and for other enforcement and security purposes. The App and the Company use physical, administrative and electronic procedures to attempt to keep personal information secure. These means of protecting and maintaining the security of the personal information help to prevent unauthorized access, maintain data security and ensure the appropriate use of the personal information once the App and the Company have received it. The App and the Company are aiming at protecting the personal information by making reasonable security arrangements against risks and threatens to the personal information collected by the App and by the Company.
The personal information submitted and provided by the visitors and users of the App or collected by the App or the Company will only be used to fulfill the purpose for which it was originally collected or for a use that is directly related to that purpose.
The personal information will only be kept for as long as necessary to fulfill the purpose for which it was collected and to meet any legal requirements.
Access to personal information is restricted and limited only to authorized persons to fulfill the purposes of collecting it in their duties.
The App and the Company use industry-standard means to protect against unauthorized access to personal information and to ensure the data is transmitted over secured networks.
While the App and the Company take appropriate safeguards with your personal information, we advise visitors and users of the App that no site, online or physical protection of personal information can be completely secure and the internet is not a completely secure medium and we will not guarantee that our protection of the personal information can be completely secure. The submission and provision of any personal information or documents through the App or to the Company will be at your own risk. You should not send confidential or sensitive information by the internet or by other electronic transactions, including but not limited to email, fax, online submission, unless you take appropriate precautions.
The services offered by the App and the Company also are not intended for use by children. In the event that we learn that we have collected personal information from a child under the age of the Minimum Age without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of the Minimum Age, please contact us. We will need to verify the identity of anyone requesting information about a child under the age of the Minimum Age to ensure that the person is in fact the child’s parent or legal guardian.
In any event, the services provided by the App and the Company are not designed nor intended for use by children or anyone else under the age of 18. If the registered user is younger than 18 years, we will cancel the account.
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