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ETRAVEL APP TERMS OF USE

1. Who we are and how to contact us

These are the terms of use for the eTravel App. This contract is between anyone who uses the eTravel App and eTravel (Pty) Ltd, a private limited company incorporated in South Africa with company registration number 1999/003053/07 (‘eTravel’, ‘we’ or ‘us’).

The eTravel App is licensed to eTravel by Travelport Digital Limited, a private limited company incorporated in the Republic of Ireland (‘Travelport Digital’).

You can contact us at:

eTravel (Pty) Ltd

16 Oxbow Crescent, The Estuaries

Century City, Cape Town

South Africa

[email protected]

2. This contract regulates your use of the eTravel App

This contract regulates the way you use the eTravel App. In order to use the eTravel App, you must accept these terms by clicking the ‘I agree’ button, creating a binding contract between you and eTravel.

Our privacy notice is also part of this contract.

South African law governs this contract, and any disputes relating to it.

This contract was last updated on 31 July 2018

3. Registering to use the eTravel App

You may receive an invitation to download the eTravel app from your travel professional or a travel service provider, or you can download the app directly from the relevant app store.

To access and use the eTravel App features you must create a profile. You have to enter the email address that you use for your personal travel itineraries managed by eTravel and create a password. We will send you a verification email with a hyperlink that you must click to complete the registration process. Once your email address has been verified your registration is complete, and you may use the eTravel App.

We will use your email address to identify you and to retrieve your itinerary, trips booked, passenger name and other personal information from third party sources. Please make sure that you use the correct email address when registering on the eTravel App to ensure that your information is not mistakenly sent to a third party.

If your email address changes at any time and you want to continue to use the eTravel App you must re-register with your new email address.

4. Using the eTravel app

We grant you a non-exclusive license to download, access and use the eTravel App for your own personal, non-commercial purposes only. You cannot transfer the license. We grant you this license as long as you abide by these rules:

  • You must comply with all applicable laws when using the eTravel App.
  • Don’t allow anybody else to use your profile and login details.
  • Don’t use any automated means (like spiders or crawler interface that we have not authorised) to access the eTravel App or its features, extract data, or otherwise interfere with, or modify functionality or page rendering.
  • Don’t transmit or post any file that may be contaminated or contain destructive elements that interfere with the performance of the eTravel App, for instance worms or viruses.
  • Don’t reverse engineer any aspect of the eTravel App or do anything that might discover our source code.
  • Don’t try to bypass our firewalls and other security measures used to prevent or limit access to any content, area or code of the eTravel App or its features.
  • Don’t use the eTravel App for any commercial purpose or in any manner which may cause damage to eTravel or Travelport Digital.
  • Don’t copy, distribute, communicate to the public, sell, rent or lend the eTravel App.
  • Keep your log-in credentials and password confidential and secure. If you become aware or suspect for any reason that the security of your log-in details has been compromised, please let us know as soon as you can.

The eTravel App is not intended for children under the age of 18, and no one under the age of 18 may provide any information to or via the eTravel App.

5. Sharing information with us

We will keep your personal information confidential. Read our privacy notice to see how we collect and use personal information.

You must ensure that any information that you share with us is accurate and up to date and that you have obtained all consents necessary for us to use that information in accordance with these terms and our privacy notice.

We welcome your questions, comments, suggestions or ideas about the eTravel App. We will own any feedback and may use and modify it without any restrictions or payment to you. We will not publish your personal information with the feedback without your permission.

6. Our property

You acknowledge that all intellectual property rights in the eTravel App, the technology and other materials it contains, including the eTravel trademark and all designs, text, graphics, pictures, information, data, software, sound files, other files and their selection and arrangement are the property of eTravel or Travelport Digital, or are licensed to us, unless we indicate that it is not.

7. We use information received from others

The eTravel App gives you access to information supplied by third parties e.g. airlines. Third party data timelines, accuracy and quality vary according to the source. Our suppliers collect data from many sources and we cannot always control the ability to receive data from these sources.

You should always check the airline’s website, or other original source to confirm the information.

8. We may restrict access to the eTravel App

We may restrict or temporarily suspend access to the eTravel App for technical, maintenance, or security reasons without compensation. We will do our best to keep this type of interruption to a minimum.

We may also restrict or suspend access if we find that:

  • your profile is being used by an unauthorised person
  • you breach this contract or any applicable law

9. Where our responsibility ends (disclaimers, limitation of liability, and indemnity).

The eTravel App is not specifically designed to meet individual requirements. It is provided on an ‘as is’ and ‘as available’ basis. We do not make any warranties or representations, other than those specifically contained in this contract.

You use the eTravel App and its features at your own risk.

We are not responsible or liable for the data received from third parties. This information is supplied to us ‘as is’ and we cannot guarantee that it is always correct or that it will always be available.

You cannot hold us responsible for any loss or harm that you suffer because you used, or could not use, the eTravel App.

We are not involved in or responsible for the services provided by travel professionals, airlines, accommodation or transport services and cannot be held responsible for their services, actions or failure to act.

You must keep your log-in credentials and password safe. You cannot hold us responsible for the unauthorised use of your account.

If you breach this contract, you will be held responsible for any claims, demands, causes of action, damages, legal and other costs, expenses, penalties, losses, or liabilities as a result of third-party claims.

Although we try to prevent it from happening, we are not responsible for any malicious code (such as a virus) which may come from the eTravel App.

10. Termination

You can deactivate your profile and terminate this contract by sending an email to [email protected]

We can deactivate your profile and terminate this contract by giving you notice at any time if:

  • you breach this contract or any applicable law;
  • we have reason to believe that the eTravel App or your profile is being used fraudulently;
  • if we decide to withdraw the eTravel App from public use; or
  • if we no longer do business.

We are not responsible for any damages or losses you may suffer because your contract is terminated.

When this contract is terminated, for whatever reason:

  • you won’t have the right to access the eTravel App
  • any licenses and rights granted under this contract will terminate immediately

11. General provisions

This is our entire contract regarding use of the eTravel App.

We may update this contract periodically. We will let you know by email or an in-app notification and update the date in paragraph 2 above. The ‘new’ contract will be in force from the date in paragraph 2. If you continue to use the eTravel App after the contract has changed, it means that you accept the changes. We encourage you to check the contract regularly.

This contract cannot be changed or waived through conduct.

If, for some reason, one part of this contract becomes invalid or unenforceable, the rest of it remains enforceable.

We may freely assign our rights and obligations under this contract to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Version 1.0 – 31 July 2018

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