legal - kulula.com terms of use

introduction

Thank you for visiting the web site of kulula.com.

This web site, together with all content and information available or incorporated in this web site, which is accessible at http://www.kulula.com("this web site"), is made available by Comair Limited. Any reference to "we", "our" or "us" is a reference to Comair Limited trading as kulula.com. Any reference to "you" or "your" is a reference to any person using this web site. We may amend these terms and conditions from time to time and such amendments will be contained on this web site.

Please note that in addition to these terms and conditions all reservations are subject to our General Terms and Conditions of Carriage.

acceptance

Any use, access, referral to, or viewing (individually or collectively referred to as "use") of any part of this web site shall be subject to these terms and conditions and any document we incorporate herein by reference. Your continued use of this web site signifies your agreement to comply with these terms and conditions.

Your communications to this web site may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by us or any other competent authority.

intellectual property

This web site is owned by Comair Limited. The domain name/s, the trademark logo and the name "kulula" and kulula.com are registered in the name of Comair Limited.

Any unauthorized use of this web site is prohibited. While you may make limited copies of this web site (such as the travel itinerary and related documents for travel and services purchased on this web site), you undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, resell or lease any information, software, products or services obtained from this web site without our prior written consent.

Other product or company names and logos contained in this web site may be the intellectual property of their respective owners.

content

This web site is offered to you on an "as is" basis for personal and non-commercial use. This web site is provided without any representations or warranties whatsoever, whether express, implied or statutory.

Specifically, we make no warranties or representations, whether express, implied or statutory, in respect of the accuracy, completeness and or reliability of any information, ideas and/or opinions expressed on this web site.

We make no warranties or representations, whether express, implied or statutory, that this web site is compatible with your hardware and/or software or that this web site is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software and you accept all risks in this respect.

To the extent that any link to another web site is provided on this web site, we make no warranties or representations, whether express, implied or statutory, as to the content of such other web site. The existence of any such link does not serve to signify that we endorse or have any responsibility for the content of any such linked web site.

We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:

  1. the operation of this web site or any its contents; or
  2. your right to use this web site or any of its contents

use of this web site

You may only use this web site for lawful purposes. You are not allowed, without prior written approval, to:

  1. frame, link to, modify, distribute, commercialise, exploit or alter the Web Site or its contents;
  2. incorporate any part of the web site content in any other work or publication; and/or
  3. perform any other act which may not be considered fair use.

Specifically, you may not:

  1. monitor or copy any content or information of this web site using any robot, spider, screen scraper or other automated means or any manual process for any purpose without our prior written consent;
  2. violate the restrictions in any robot exclusion headers on this web site or bypass or circumvent other measures employed to prevent or limit access to this web site;
  3. take any action that imposes, or may impose, in the opinion of Comair Limited, an unreasonable or disproportionately large load on the server;
  4. deep-link to any portion of this web site (including, but not limited to, the purchase path for any travel services) for any purpose without our prior written consent.

disclaimer

Subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act") and to the fullest extent allowed by law, we shall not have any liability whatsoever in relation to this web site. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage ("Loss"), whether direct, indirect, special or consequential, arising from your use of or reliance on this web site, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such Loss. In particular, we are not liable for inaccuracies relating to information and descriptions of hotels, services and products offered on this web site.

In addition, we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this web site for any reason whatsoever.

We shall not be liable for any Loss suffered due to the use of other web sites to which a link is provided on this web site.

Information, ideas and opinions expressed on this web site should not be regarded as advice or the official opinion of Comair Limited, its agents or representatives.

To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these terms and conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed R50 000.

For the purposes of this clause 6, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.

applicable law

These terms and conditions shall be governed in accordance with the laws of the Republic of South Africa. The user is deemed to hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes arising out of or in connection with this web site, these terms and conditions or any further terms and conditions referenced on this web site or any matter related to or in connection herewith.

general

All correspondence relating to this web site should be addressed is Comair Limited (1967/006783/06), 1 Marignane Drive, Bonaero Park, Kempton Park, 1960, for the attention of Kim Gorringe. For further information, please contact us at (011) 921-0111 or email mnmarketing@comair.co.za