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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
“Confidential Information” means:
1.1.1 any item of information described in clauses 220.127.116.11 to 18.104.22.168
22.214.171.124 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;
126.96.36.199 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;
188.8.131.52 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 :
184.108.40.206 which has value to the disclosing party and is not generally known by its competitors;
220.127.116.11 which is identified and/or treated by the disclosing party as confidential; and
18.104.22.168 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.
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.
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.
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.
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.
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 operate to relieve the Licensor from liability for its own negligence, recklessness or intentional delicts (torts).
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.
10.6 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.
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.
12.1 Any legal dispute arising from the ResRequest License Agreement will be subject to the jurisdiction of South African law.
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.
Changes: Addition of 10.4, 10.5 and 10.6 in the termination section