These Terms govern your use of ResRequest and the products, features, applications, services, technologies, integrations and software we offer, except where we expressly state that separate terms (and not these) apply. Please read these terms to understand our policies and practices regarding your system, services, information and how we will treat it. By accessing or using our ResRequest websites, our API and our services, you agree to these Terms of Use. These Terms may change from time to time, so please check these Terms of Use periodically for updates. Your continued use of our products or services after we make changes is deemed to be acceptance of those changes.
Our mission is to provide stable, secure software solutions and services to our customers and their partners. We want to:
- Provide a quality product for you;
- Maintain a fast, stable hosted service;
- Give you access to highly trained support staff;
- Provide a personalised service for you;
- Put you in touch with solutions and vendors that can help you grow your business and improve your operations;
- Reach out to you with information that will help you manage your business better.
We work hard to provide the best products we can and to specify clear guidelines for everyone who uses them. Our products, however, are provided “as is”. We make no guarantees that they will always be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we disclaim all warranties, whether express or implied. We do not control or direct what our customers do with their data, and we are not responsible for their actions with their data. We do provide guidance and draw attention to considerations such as data protection policies, security and operational continuity through communication to our clients directly (through channels like our call centre) and indirectly (through channels like our Blog platform and website). We cannot predict when issues might arise with our products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the ResRequest products. When you use our Products and Services you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your information.
Disclaimer of liability
We do not make any express or implied warranty regarding the fitness for a particular purpose with regard to the service or facilities provided by this website.
In no event shall we be liable to you for any direct, indirect, incidental or consequential damages arising out of the services or any products provided whether based on breach of contract, defect (including negligence), or otherwise and whether or not we have been advised of the possibility of such damages.
As a result of hardware maintenance and perhaps breakdown, we cannot control the timing or volume of attempts to access this website and as a result we do not guarantee that you or any third party will be able to access this website at any particular time. These services are provided on an “as is, as available” basis. By utilising the facilities created on this website, you hereby confirm that you have read these terms of use and have found them acceptable and agree to be bound by these terms and conditions.
Use
We agree to provide you access to our website in accordance with these terms of use. You agree to use our website in a manner consistent with these terms and conditions. Using our website is indication that you accept that our website is provided on an “as is, as available” basis.
Access
Your access to and use of our website may be terminated immediately if you use, or attempt to use our website for illegal and/or immoral purposes.
Licence
As a visitor and/or a subscriber to our website, you are granted a limited licence to view the information thereon and to use (display or print), extracts and all the information described on the website for your own personal use only, provided the information is not modified and you shall be fully responsible for relying upon any advice and any consequences resulting from such use. Any other use of the information contained in or displayed upon our website (including, but not limited to, using such information upon another website), is prohibited. None of the information may be otherwise reproduced, re-published or re-disseminated in any manner or form without our prior written consent. We will take appropriate legal action to enforce our rights.
Accommodation reservation
Any accommodation displayed as being available is to be considered as an “invitation to treat” and any price, rate and/or calculation displayed on or accessed through our website shall always be subject to final confirmation between the accommodation provider and you.
Copyright
We either own, or are licensed to use, the software used to display the website. Such software includes all text, programming tools, multimedia clips, images, graphics, icons and the selection arrangement of the contents of the website.
Confidentiality warning
Where you do not use encryption in your communication with us or the accommodation provider, or if you are not in a secure socket layer (SSL) environment, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail, in particular, is vulnerable to interception and forging. We will not be responsible for any errors or any changes to any information transmitted to us.
We make every effort to maintain the highest standards of security and where applicable will employ the latest SSL encryption standards in our interactions with you upon our website. Our Internet servers are also housed in a most secure environment. However, because of all the variables involved in Internet security, we will not be responsible for any damage that you or any third party may suffer as a result of the transmission of confidential information that you may make to us through the Internet.
Computer viruses
While every effort is made to ensure that all information provided on our website does not contain computer viruses, you should take responsible and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
Information
We may, for internal and technical purposes, collect and process data obtained from and about you in the course for your accessing the website. By agreeing to these terms you have agreed to such data being so used. In accordance with the applicable data protection legislation in your jurisdiction, information on what (if any), data is held about you can be obtained by contacting us furthermore, in accordance with the applicable data protection legislation in your jurisdiction we reserve the right to charge a fee for providing such information (if allowed by the relevant protection legislation). Should you wish your information to be erased from our database we will comply immediately upon receiving your e-mail notification.
We will not divulge any personal data in respect of visitors and/or subscribers to our website to any third party save where compelled to do so by law or a court or other judicial body of competent authority or where you instruct us to make such disclosure. All information displayed on our website is subject to change.
See our Privacy Policy for more details on our data management.
No endorsement
Our website may contain links to other websites. These links are provided as a reference to help you identify and locate other Internet websites that may be of interest. These other websites may have been independently developed by parties other than us and/or they may be under the control of parties other than us and we do not assume responsibility for the accuracy or appropriateness of the information contained in such websites. In providing links to other websites we are in no way acting as a publisher or disseminator of the material contained on those websites unless specifically stated otherwise and do not seek to control the contents of or maintain any type of editorial control over such websites. A link to another website should not be construed to mean that we are affiliated or associated with or are authorised to use any trademark, trade name, logo or copyright of material that may be reflected in the link or a description of the link to such other websites. Furthermore the mention of any party or its product or service on this website should not be construed as an endorsement of that party or its product or service, unless specifically stated otherwise.
Exclusion of liability
To the fullest extent permitted by applicable laws, we on behalf of our employees, suppliers and contractors exclude liability for any losses and expenses of whatever nature howsoever arising, including without limitation any direct, indirect, special, punitive, consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses arising out of or in connection with the use of our website or any website with which it is linked. You assume total responsibility for establishing such procedures for data backup, virus checking, etc, as you consider necessary.
To the extent that portions of our website (including but not limited to “chat rooms” or “bulletin boards” provide users an opportunity to post and exchange information, ideas and opinions (“postings”), please note that we do not screen, edit or review postings prior to their appearance on this website and postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the postings or for any loss of whatever nature resulting from appearance or posting on our website.
Entire agreement
These terms of use contain the entire understanding between us with respect to this website and no representation, statement, inducements oral or written, other than those contained herein shall bind either of us unless specifically agreed to in writing between us.
Jurisdiction
You agree that your use of this website shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by the residence and it is your responsibility entirely to familiarise yourself with such restrictions. You agree not to impersonate another person in the use of this website or the sending of any e-mail to an address listed on this website.
Should any part of these terms of use be declared invalid or un-enforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms of use had been eliminated.
Choice of law
The laws of South Africa shall govern the interpretation, the validity and effect of this agreement and your use of our website notwithstanding any conflict of the law, provisions of your domicile, residence or physical location. You hereby consent and submit to the jurisdiction of the courts of South Africa in any action or proceeding instituted under or related to this agreement.
Our detailed license agreement
Please read our detailed license agreement as by accessing or using our ResRequest websites, API and our services, it is deemed as agreement to these details.
Definitions
“Confidential Information” means:
1.1.1 any item of information described in clauses 1.1.1.1 to 1.1.1.3
1.1.1.1 any information of whatever nature, which has been or may be obtained by either of the parties from the other, may be obtained by either of the parties from the other, whether in writing or in electronic form or pursuant to discussions between the parties, or which can be obtained by examination, testing, visual inspection or analysis, including without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs or graphical depictions, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas;
1.1.1.2 analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition;
1.1.1.3 the details of any dispute between the parties resulting from this agreement;
1.1.2 of which the receiving party becomes aware as a consequence of, or through, this agreement :
1.1.2.1 which has value to the disclosing party and is not generally known by its competitors;
1.1.2.2 which is identified and/or treated by the disclosing party as confidential; and
1.1.2.3 which has been reduced to a tangible form and marked clearly and conspicuously with a legend identifying its confidential or proprietary nature;
1.2 “Intellectual Property rights” means any and all now known or confidential or proprietary nature; hereafter known tangible and intangible rights associated with works of authorship throughout the world, including but not limited to copyrights, trademark and trade name rights, domain name rights, trade secret rights, patents, designs, algorithms, and all other intellectual property rights of whatever nature however known around the world including logos, distinctive marks and any other unique identifiable feature whether arising by operation of law, contract, licence, or otherwise, and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues now or hereafter in force;
1.3 “Licensor” means the company Mandarin Trading (Pty) Ltd t/a ResRequest;
1.4 “Licensee” means any party that has entered into a ResRequest License Agreement with the Licensor.
1.5 “Software” means the proprietary reservations and business management system software provided by the Licensor.
1.6 “Website” means the specific website to be generated, managed and operated through the use of the Software in terms of the ResRequest License Agreement.
1.7 “ResRequest License Agreement” means the service contract between the Licensor and the Licensee.
1.8 “License Commencement Date” is the date specified in the ResRequest License Agreement.
License
2.1 Subject to the terms and conditions set out herein, the Licensor hereby licenses the Licensee to access and utilise the Software.
2.2 The Licensor will provide the hosting facilities for the Internet-based instance of the system.
2.3 The Licensee shall be responsible for procuring and maintaining at its own expense, all other computer hardware, software and telecommunications infrastructure necessary to access and utilise the Software provided by the Licensor for the Licensee’s use.
2.4 The licence granted in terms of this agreement shall be granted as of the License Commencement Date and shall be a non-transferable, non-exclusive licence to the Licensee to use the Software in respect of the accommodation businesses described in the ResRequest License Agreement or any other accommodation business which the parties may from time to time agree upon and designate in writing, with the appropriate additional License Fee also being agreed upon.
2.5 The licence granted herein is granted strictly on the basis that the Licensee shall not modify, enhance or otherwise change the Software or attempt to do any of the same.
2.6 The Licensor shall take all reasonable steps to safeguard access to the Software so as to ensure that no unauthorised person shall have access to the Software or associated documentation, and that no persons authorised to have access shall make unauthorised use of it.
2.7 The Licensee shall promptly report to the Licensor any unauthorised use of the Software of which it becomes aware and shall take such further steps as may reasonably be requested by the Licensor to prevent unauthorised use thereof.
Conduct of the Licensee
3.1 The Licensee agrees to use the Software only for lawful purposes and will not post or transmit, or allow to be posted or transmitted, on or through the Software any libellous, obscene, or otherwise unlawful information of any kind, and the Licensee will not engage in any conduct involving the Software that will constitute a criminal offence and/or give rise to civil liability under any law or regulation. Where the Licensee, due to the global nature of Internet access, is unsure of any action on its part giving rise to liability in any jurisdiction or unable to control the access of the Website from jurisdictions outside that which the Website is intended for, it shall ensure that prominent disclaimers and exclusion of liability notices are displayed in the conditions of use posted on the Website.
3.2 The Licensee will not upload, post, reproduce or distribute to or through the Software any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof.
3.3 The Licensee acknowledges that the Software contains copyrighted and other proprietary and confidential information and material and the Licensee undertakes to respect all such proprietary rights and take all such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorised use or disclosure.
3.4 The Licensee acknowledges that the Software is a “tool” but managing reservations is the responsibility of The Licensee. The Licensor cannot in any way be expected to have an informed knowledge of the data relating to the Licensee’s business.
3.5 The licence is granted solely for the Licensee’s own internal business purposes in operating the accommodation businesses described in the ResRequest License Agreement. The Licensee shall not, and shall not permit any third party to:
3.5.1 access or use the Software, its user interface, outputs or documentation in order to build, develop, benchmark or improve a competing product or service, or to replicate any feature, function or workflow of the Software;
3.5.2 use any robot, scraper, crawler or other automated means to access, extract or copy data or content from the Software, other than through an interface approved in writing by the Licensor;
3.5.3 grant user credentials or other access to the Software to any consultant, contractor, developer or other third party, other than for the Licensee’s own business purposes and with the Licensor’s prior written consent; or
3.5.4 connect any third-party system to the Software other than through the Licensor’s published API and in accordance with the Licensor’s API terms.
3.6 The Licensee is responsible for the acts and omissions of any person to whom it grants access to the Software. The Licensor may suspend or block any access that it reasonably believes is in breach of clause 3.5.
Monitoring of the software
4.1 The Licensor may, in its discretion, monitor the Software and the Licensee’s use thereof to determine and ensure compliance with this agreement and to protect itself and other Licensees of the Software from fraudulent, unlawful or abusive use of the Software.
4.2 The Licensor may also intercept and disclose any content or other information to the extent reasonably necessary to protect its rights, for service quality control as permitted by law, or to comply with any law, regulation or governmental request.
4.3 Notwithstanding the above, the Licensor will not intentionally intercept, monitor or disclose any private data unless required by law to do so and shall be under no obligation to monitor, review, screen, edit or otherwise control any information or material contributed by any third party.
Accuracy and validity of information
5.1 The Licensor does not assume any responsibility whatsoever for the currency, accuracy, reliability or completeness of any information processed by the Software.
Intellectual property rights
6.1 The Licensor is the copyright owner of the source code of the Software.
6.2 The technical procedures, processes, systems, methods of operation and concepts which are embodied within the Software are trade secret information of the Licensor and the licence is not a sale of a copy of the Software and does not render the Licensee an owner of a copy of the Software.
6.3 Ownership of the Software and all components and copies thereof shall at all times remain with the Licensor regardless of who may be deemed the owner of the tangible media in or on which the Software or elements of it may be copied, encoded or otherwise fixed.
6.4 The Licensee undertakes not to hack, disassemble, decompile or otherwise attempt to “reverse engineer” the Software, nor shall the Licensee permit, encourage or instruct any other person to do so.
Non-assignment
7.1 The Licensee will not lease, rent, sell, pledge, assign, sub-license, loan or otherwise transfer to any third party any of its rights of access to the Software or any of its rights under this agreement, without the prior written consent of the Licensor.
Warranty
8.1 The Licensor will endeavour to correct, within a reasonable time, any substantial failure of the Software to perform in accordance with the Software specifications as reported in writing by the Licensee.
8.2 In the event that the Licensor shall fail or be unable for any reason to correct any substantial failure of the Software to conform or perform in accordance with the Software specifications, the Licensee may terminate this licence insofar as the Software is concerned and cease all access of the Software.
8.3 The Licensor shall not be responsible in respect of this warranty where, it is of the reasonable opinion, that any defects or failure to perform or conform is a result of any modification of or damage to the Software or its operating environment as a result of an action or omission on the part of the Licensee or its employees or agents or of any failure by the Licensee to operate the Software in the proper computer hardware and software environment.
8.4 The Licensor may, in its discretion, monitor the Software and the Licensee’s use thereof to determine and ensure compliance with this agreement and to protect itself and other Licensees of the Software from fraudulent, unlawful or abusive use of the Software.
Disclaimer
9.1 Except where expressly provided in this agreement, the Software and information available through the Software are furnished by the Licensor and accepted by the Licensee “as is” and “as available” without any warranty whatsoever. All other warranties expressed or implied, including any warranties of merchantability or fitness for any particular purpose, are specifically excluded and disclaimed, the Licensor does not warrant that the Software or the information obtained through the Software will meet the Licensee’s requirements, that the operation of the Software or the services will be uninterrupted or error free, or that all failures of the Software to substantially conform to or perform substantially in accordance with the Software specifications will be corrected. Except as expressly provided in this agreement, the entire risk as to the quality and performance of the Software and the information obtained through the Software is with the Licensee.
9.2 In no event will the Licensor be liable to the Licensee or any person for any lost profits, lost savings, lost data or other special, consequential, incidental or punitive damages arising out of or relating to this agreement or any information furnished or to be furnished by the Licensor under this agreement or the use thereof, even if the Licensor has been advised of the possibility of such loss or damage, and the aggregate liability of the Licensor upon any claims howsoever arising out of or relating to this agreement or any information furnished or to be furnished by the Licensor under this agreement will in any event be absolutely limited to the amount paid to the Licensor by the Licensee under this agreement; provided, however, that nothing in this agreement shall limit or exclude the Licensor’s liability for gross negligence, wilful misconduct or fraud, or any other liability which cannot be limited or excluded by law.
Termination
10.1 This agreement shall be effective from the License Commencement Date and shall remain in effect until terminated by either party. Should the Licensor fail to meet its warranty obligations in terms of 8.2 above, the Licensee may terminate this agreement upon 30 days written notice. In circumstances where there is breach of this agreement by the Licensee, written notice will be provided by the Licensor and if the said breach is not rectified within 30 days the Licensor will be entitled to terminate the Licensee’s access to the Software with immediate effect.
10.2 Under any circumstances not covered under 10.1 above, either party may terminate this agreement upon 90 (ninety) days written notice. Should the Licensee have lodged a deposit equivalent to 3 (three) months’ rental with the Licensor, the Licensor shall be obliged to provide 180 (one hundred and eighty) days written notice of termination.
10.3 Upon termination of the licence agreement for the Licensee’s use of the Software, the Licensee will within 7 (seven) days, destroy all components of the Software resident upon its computers and warrant to the Licensor in writing that all copies have been destroyed.
10.4 The Licensee is required to notify and coordinate service termination with any third party vendors. This relates to interface partnerships between the Licensee and the third party vendor such as interfaces to Guest Survey systems, POS and stock systems, telephone systems, channel manager connection services and other integration partners and/or services.
10.5 Upon termination of the license, the Licensee may request that the Licensor provide a written commitment that the Licensee’s data has been expunged from all hosted instances. Hosted instances include training systems, backups, web and offline servers. The Licensor is responsible to expunge data from the ResRequest database installed within the ResRequest framework on the Licensee’s offline server. On request expunging of this data and the respective instances will be confirmed in writing by the Licensor. The Licensee has the option to archive their data as an archive licensed system. An archive system is a paid-for optional service hosted on the Licensor’s servers whereby users have read-only access to their data for a required period of time. An archive system follows the same termination procedures as described in this section of the Terms of Use. The expunging of the Licensee’s data, including from backups, is subject to clause 12 of the Data Protection Schedule.
10.6 The Licensor will retain billing-related information in order to provide accurate information for financial governance and invoicing queries. This information is referenced as pricing calculations, assignment sheets, support correspondence, support sheets and invoices which form part of the Licensor’s invoicing business processes.
License fees
11.1 The License Fee shall be exclusive of all sales tax, VAT and other governmental charges which the Licensor is at any time required to pay or collect in connection with the furnishing of the Software or information under this agreement. Any such additional charges shall be for the account of the Licensee.
11.2 The Licensor may change the amount of the minimum License Fee to be paid by the Licensee by giving the Licensee at least 30 (thirty) days prior written notice of the same.
11.3 The formula used to calculate the turnover based licence fee shall not change without the agreement of both parties. The licence fee will be affected only by variations in the value of the Licensee’s turnover. An exception to this condition is when the Licensor introduces optional system features which carry an additional charge. The nature of such optional features must be such that the existing functionality of the Licensee’s system will not be degraded by a decision not to adopt the new features.
Disputes
12.1 Any legal dispute arising from the ResRequest License Agreement will be subject to the jurisdiction of South African law.
Unforeseeable circumstances
13.1 Neither of the Parties shall be liable for a failure to perform any of its obligations insofar as it proves:
13.1.1 that the failure was due to an impediment beyond its control;
13.1.2 that it could not reasonably be expected to have taken the impediment and its effects upon the party’s ability to perform into account at the time of the conclusion of this Agreement; and
13.1.3 that it could not reasonably have avoided or overcome the impediment or at least its effects.
13.2 An impediment, as aforesaid, may result from events such as the following, this enumeration not being exhaustive:
13.2.1 war, whether declared or not, civil war, civil violence, riots and revolutions, acts of sabotage;
13.2.2 natural disasters such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning;
13.2.3 explosions, fires, destruction of machines, of factories and of any kind of installations, breakdown in communication lines;
13.2.4 boycotts, strikes and lock-outs of all kinds, go-slows, occupation of factories and premises, and work stoppages;
13.2.5 acts of authority, whether lawful or unlawful, apart from acts from which the party seeking relief has assumed the risk by virtue of any other provisions of this Agreement.
13.3 Relief from liability for non-performance by reason of the provisions of this clause shall commence on the date upon which the party seeking relief gives Notice of the impediment relied upon and shall terminate upon the date upon which such impediment ceases to exist; provided that if such impediment continues for a period of more than 14 (fourteen) days either of the Parties shall be entitled to terminate this Agreement.
Data protection
14.1 The Data Protection Schedule set out below forms part of this agreement and applies to all Personal Information that the Licensor processes on behalf of the Licensee through the Software and related services.
14.2 If there is a conflict between the Data Protection Schedule and the Privacy Policy or any other part of the Terms of Use concerning the processing of Licensee Personal Information, the Data Protection Schedule will prevail.
Schedule 1: Data Protection Schedule
Definitions
1.1 In this Schedule, words defined in the detailed license agreement have the same meaning, and:
1.1.1 “Data Protection Law” means the Protection of Personal Information Act 4 of 2013 (“POPIA“) and, to the extent that it applies to the Licensee’s processing, any other data protection law, including the EU General Data Protection Regulation and the UK GDPR;
1.1.2 “Licensee Personal Information” means Personal Information captured in or processed through the Software by or on behalf of the Licensee, as further described in Annex A;
1.1.3 “Personal Information“, “processing“, “Data Subject“, “Responsible Party“, “Operator” and “Information Regulator” have the meanings given to them in Data Protection Law, and “Responsible Party” includes a “controller” and “Operator” includes a “processor” as those terms are used in other Data Protection Law;
1.1.4 “Security Compromise” means an actual compromise, or reasonable grounds to believe that Licensee Personal Information has been accessed or acquired by an unauthorised person, or accidentally or unlawfully lost, destroyed or altered, while in the Licensor’s possession or control;
1.1.5 “Sub-operator” means a third party appointed by the Licensor to process Licensee Personal Information on the Licensor’s behalf in providing the Software and services, but excludes any Licensee-selected Third Party; and
1.1.6 “Licensee-selected Third Party” means any interface partner, integration, channel manager, booking engine, payment gateway, point-of-sale, accounting or other third party system or service provider which the Licensee chooses to connect to, or share data with, through the Software.
Roles of the parties
2.1 For Licensee Personal Information, the Licensee is the Responsible Party and the Licensor is the Operator.
2.2 Where the Licensor processes Personal Information for its own purposes, such as account management, billing, support communications and marketing to Licensee contacts, the Licensor is the Responsible Party for that Personal Information and its Privacy Policy applies.
Processing on instructions
3.1 The Licensor will process Licensee Personal Information only to provide, host, support, maintain, secure and improve the Software and services, and otherwise in accordance with the Licensee’s documented instructions, unless the law requires otherwise. This agreement, the Licensee’s configuration and use of the Software, and written instructions from the Licensee’s nominated system administrator or business owner constitute the Licensee’s instructions.
3.2 The Licensor will inform the Licensee if, in its reasonable opinion, an instruction infringes Data Protection Law. The Licensor is not obliged to carry out such an instruction.
3.3 Instructions outside the ordinary scope of the Software and services may be charged for in accordance with the Fair Use Policy.
Confidentiality and personnel
4.1 The Licensor will ensure that its personnel who have access to Licensee Personal Information are bound by confidentiality obligations, are trained in the Licensor’s security policies and are given access only to the extent necessary to perform their duties.
Security measures
5.1 The Licensor will establish and maintain appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of Licensee Personal Information, as required by section 19 of POPIA. A summary of these measures is set out in Annex B and may be updated from time to time, provided that the overall level of protection is not materially reduced.
5.2 The Licensee acknowledges that no security measures are impenetrable, and that clause 5.1 does not constitute a guarantee that the Software will be free of vulnerabilities or that a Security Compromise will not occur.
Licensee responsibilities
6.1 The Licensee is responsible for:
6.1.1 having a lawful basis for, and giving any required notices regarding, the Personal Information it captures in the Software, including any special personal information or information about children recorded in free-text fields;
6.1.2 managing its users, including granting appropriate permissions, promptly deactivating the accounts of users who leave its organisation and keeping credentials confidential;
6.1.3 enabling and using the security features made available in the Software, including two-factor authentication;
6.1.4 securing its own devices, networks and any offline server on which the Software is installed; and
6.1.5 its relationships with, and data shared with, Licensee-selected Third Parties, including concluding any agreements required with them.
6.2 The Licensee will promptly report to the Licensor any actual or suspected unauthorised access to the Software of which it becomes aware.
Sub-operators
7.1 The Licensee authorises the Licensor to appoint Sub-operators. Details of the Licensor’s current Sub-operators and hosting locations are available on reasonable request.
7.2 The Licensor will impose data protection obligations on each Sub-operator that are no less protective in substance than those in this Schedule, and will remain responsible for the Sub-operator’s processing of Licensee Personal Information to the same extent as for its own processing under this agreement.
7.3 Licensee-selected Third Parties are not Sub-operators. The Licensor is not responsible for their acts or omissions, or for Personal Information once it has been transmitted to them at the Licensee’s instruction.
Cross-border transfers
8.1 Information about the hosting locations of Licensee Personal Information will be made available on reasonable request. The Licensor may transfer Licensee Personal Information outside the country in which it is hosted, or allow access to it from another country, only where the transfer is permitted under Data Protection Law, including on the basis of a binding agreement providing an adequate level of protection as contemplated in section 72 of POPIA.
Security Compromises
9.1 The Licensor will notify the Licensee’s nominated contact immediately, and without undue delay, after it becomes aware of a Security Compromise affecting Licensee Personal Information.
9.2 The notice will contain the information then reasonably available to the Licensor, including a description of the Security Compromise, the categories of Licensee Personal Information involved, the steps taken or proposed by the Licensor and a contact point. The Licensor will provide further information as it becomes available. Notice will not be delayed until an investigation is complete.
9.3 The Licensor will take reasonable steps to contain and investigate the Security Compromise and to mitigate its effects, and will provide reasonable assistance to enable the Licensee to meet its own notification obligations to the Information Regulator, any other supervisory authority and Data Subjects.
9.4 The Licensee is responsible for deciding whether, and how, to notify the Information Regulator, other supervisory authorities and Data Subjects, unless Data Protection Law requires the Licensor to do so. The Licensor will not notify the Licensee’s Data Subjects directly unless the Licensee agrees or the law requires it.
9.5 A notice or assistance under this clause 9 is not an acknowledgement of fault or liability.
Assistance
10.1 Taking into account the nature of the processing and the information available to it, the Licensor will provide reasonable assistance to the Licensee in:
10.1.1 responding to requests from Data Subjects to exercise their rights, primarily by making functionality available in the Software. The Licensor will refer any request it receives directly to the Licensee within 7 business days and will not respond to it unless authorised by the Licensee or required by law;
10.1.2 responding to enquiries from the Information Regulator or any other supervisory authority relating to Licensee Personal Information; and
10.1.3 carrying out any data protection impact assessment that the Licensee is required to conduct.
10.2 Unless the assistance is required because of the Licensor’s breach of this Schedule, the Licensor may charge for assistance that goes beyond its standard support services, on reasonable advance notice and in accordance with the Fair Use Policy. Charges will not delay a notification required under clause 9.1.
10.3 Unless prohibited by law, the Licensor will notify the Licensee of any legally binding request from a public authority for access to Licensee Personal Information.
Information and audits
11.1 On written request, and no more than once in any 12-month period, the Licensor will make available to the Licensee information reasonably necessary to demonstrate compliance with this Schedule, such as a security summary, completed security questionnaire or independent assurance reports where available.
11.2 If that information is not reasonably sufficient, or following a Security Compromise or where required by a supervisory authority, the Licensee may conduct an audit, through an independent auditor bound by confidentiality, on at least 30 days’ written notice, during normal business hours and at the Licensee’s cost. Audits will be scoped so as not to give access to other licensees’ data or compromise the security of the Software.
Return and deletion
12.1 Before termination of this agreement takes effect, and in any event no later than 30 days before the termination date, the Licensee may request an export of its Licensee Personal Information in the Licensor’s standard export format. The Licensor may charge for the export, and will provide the Licensee with an estimate of the costs attributable to it before proceeding.
12.2 After termination, the Licensor will delete Licensee Personal Information from its active systems in accordance with clause 10.5 of this agreement. Licensee Personal Information held in backups will be retained in accordance with the Licensor’s standard backup practices, will remain protected in accordance with this Schedule and will not be actively processed. On the Licensee’s written request, the Licensor will delete Licensee Personal Information from its backups and confirm the deletion in writing.
12.3 The Licensor may retain Personal Information to the extent required by law, and billing-related information in accordance with clause 10.6 of this agreement, subject to this Schedule.
Liability and general
13.1 Each party’s liability arising out of or in connection with this Schedule is subject to the disclaimers, limitations and exclusions of liability in the Terms of Use, including clause 9 of this agreement, save to the extent that liability cannot be limited or excluded by law.
13.2 Where a loss arises partly from the act or omission of the Licensee, its users or a Licensee-selected Third Party, the Licensor’s liability will be reduced in proportion to that contribution.
13.3 This Schedule applies from the effective date set out at the end of this Schedule and does not apply retrospectively to any event occurring before that date.
Annex A: Details of processing
Subject matter and purpose: providing, hosting, maintaining, securing and supporting the ResRequest software used by the Licensee to manage reservations, guest profiles, room inventory, rates, booking administration, guest communications, financial management and related reporting.
Duration: for the term of this agreement and thereafter until deletion in accordance with clause 12.
Data Subjects: guests and prospective guests of the Licensee; travel agents, tour operators and booking partners and their representatives; and the Licensee’s users.
Categories of Personal Information: names and contact details; addresses; passport or identity numbers where captured; reservation details, including booking references, travel dates, properties, room types, rates and booking status; guest preferences, special requests and reservation notes; invoice and account information; user account and log information; and any other information the Licensee chooses to capture in the Software.
Special personal information: none is required by the Software. Any special personal information is captured at the Licensee’s discretion, and the Licensee is responsible for having a lawful basis for it.
Annex B: Summary of security measures
- Hosting with recognised service providers, with production servers replicated to a secondary location and nightly backups held in an independent location.
- Encryption of data.
- Role-based access for Licensor personnel, on a need-to-know basis, with confidentiality undertakings and security training.
- Mandatory OTP authentication, depending on software version in use by Licensee.
- Two-factor authentication available to all users and mandatory depending on software version in use by Licensee.
- Monitoring and logging of the platform to detect suspicious activity, and an incident response process.
- Regular security patching and periodic review of security controls with external specialists.
- Disaster recovery and business continuity procedures.
Data Protection Schedule effective from: 05/November/2026
Terms of use last updated: 05 November 2026
Changes: Addition of new section Data protection, 14.1 – 14.2. Addition of new section Schedule 1: Data Protection Schedule, 1.1 – 13.3. Addition of Annex A and Annex B.
Changes: addition of clauses 3.5, 3.6 and 14 and the Data Protection Schedule; amendment of clauses 9.2 and 10.5.
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