Terms of Use

1. Introduction & Acceptance

• Agreement: By accessing or using the TravelSouth platform, including our website, mobile applications, and related services ("Platform"), you agree to be bound by these Terms of Use ("ToU"), our Privacy Policy, and our Cookie Policy. These documents form the legal agreement between you and TravelSouth. If you do not agree to these terms, do not access or use the Platform.
• Parties: "TravelSouth," "We," "Us," or "Our" refers to Nfactorial Consulting, the operator of the Platform, located at 10 Baltimore Village, Basson Ave, Radiokop, Roodepoort 1724, South Africa. "User," "You," or "Your" refers to anyone interacting with the Platform, including Travelers, Operators, Travel Agencies, Influencers, and general visitors.
• Modifications: We reserve the right to modify these ToU at any time. We will notify you of significant changes by posting the updated terms on the Platform or via email to registered users. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised ToU.
• Age Requirement: You must be at least 18 years old or the age of legal majority in your jurisdiction to create an account and use our core services. Use by minors may be permitted only with verifiable parental consent.

2. Description of Services

• Platform Role: TravelSouth acts as an online intermediary connecting Travelers with third-party providers ("Service Providers" or "Operators") of flights, accommodation, experiences, and other travel services. We facilitate searching, comparing, and booking these services. Unless explicitly stated (e.g., for specific DMC packages), TravelSouth is not the direct provider of the travel services booked through the Platform.
• Functionalities: The Platform offers various features:
  • Travelers: Search, filter, compare, book, and manage travel services; submit reviews; access account information.
  • Operators: List services, manage availability and rates, communicate with travelers, access reports.
  • Travel Agencies: Use specialized tools to book services for clients, manage bookings.
  • Influencers: Participate in collaborations, submit content, potentially track performance.
• Affiliate Links: The Platform may contain links to affiliate partners (e.g., Booking.com, Holafly, Airalo). We may earn a commission if you click these links and make purchases on partner sites.

3. User Accounts

• Registration: You must provide accurate and current information to create an account. Different account types may exist with specific verification requirements.
• Security: You are responsible for maintaining the confidentiality of your account password and for all activities under your account. Notify us immediately of any suspected unauthorized use or security breach.
• Suspension/Termination: We reserve the right to suspend or terminate your account and access to the Platform, with or without notice, for reasons including violation of these ToU, illegal activity, inactivity, or non-payment. You may also voluntarily close your account.

4. User Conduct and Acceptable Use

• General Obligations: You agree to use the Platform lawfully, comply with these ToU and associated policies, provide accurate information, and respect the rights of others.
• Prohibited Activities: You are strictly prohibited from:
  • Engaging in unlawful, fraudulent, or deceptive acts (e.g., fraudulent bookings, phishing).
  • Infringing intellectual property rights.
  • Posting false, misleading, defamatory, obscene, hateful, discriminatory, or otherwise objectionable content.
  • Using automated means (robots, scrapers) to access or copy Platform data without permission.
  • Attempting to bypass security measures or access restricted areas.
  • Reverse engineering or attempting to derive source code.
  • Uploading viruses or malicious code.
  • Interfering with Platform operation or imposing unreasonable loads (e.g., spamming).
  • Creating fake accounts or submitting fabricated reviews/listings.
  • Circumventing fees or commission structures.
  • Unauthorized commercial solicitation or advertising.
  • Violating terms of integrated third-party platforms.
  • Misrepresenting identity or affiliation.
  • Using communication tools for spam.
• Specific User Role Restrictions:
  • Travelers: Provide accurate booking info, honor payments, comply with Service Provider rules.
  • Operators: Ensure listing accuracy (description, price, availability), honor confirmed bookings, maintain licenses, comply with laws, avoid directing users off-platform to circumvent fees.
  • Travel Agencies: Use tools for legitimate client bookings only, ensure client authorization, provide accurate data.
  • Influencers: Ensure content is truthful and accurately reflects experiences, clearly disclose sponsored relationships, respect IP rights.

5. Booking, Payment, Cancellation, and Refund Terms

• Booking Process: Bookings are confirmed upon successful completion of the process, including payment validation.
• Service Provider Terms Prevail: Crucially, each booking is governed by the specific terms, conditions, rules, and restrictions of the third-party Service Provider (airline, hotel, etc.). These terms cover details like check-in/out, baggage, cancellations, fees, and house rules. We will make reasonable efforts to display or link to these terms.
• Payment:
  • Methods: We accept payment methods as listed on the platform.
  • Processor: We will indicate whether TravelSouth or the Service Provider processes your payment.
  • Pricing & Fees: Prices displayed include the service rate plus applicable taxes and potentially our service fees. A clear breakdown is provided before confirmation. Be aware of potential bank fees for currency conversion or international transactions.
  • Authorization: Your payment method may be pre-authorized.
  • Failures: Payment failures may result in booking cancellation.
• Cancellations & Modifications:
  • Requests: Follow the procedures outlined on the Platform (e.g., via your account) to request changes.
  • Governing Policy: Eligibility for cancellation/modification and associated fees are determined solely by the Service Provider's rules and restrictions presented at booking. Non-refundable rates are common.
  • Fees: Service Providers may charge fees for changes/cancellations; TravelSouth may also charge an administrative fee.
  • No-Shows: Failure to show up typically results in forfeiture of payment per the provider's policy.
• Refunds:
  • Eligibility: Refund eligibility depends entirely on the Service Provider's cancellation policy and timing.
  • Process: Eligible refunds will be processed to the original payment method by the entity that took the payment (TravelSouth or Provider) within a reasonable timeframe.
• Traveler-Provider Disputes: TravelSouth acts as an intermediary. While we may assist with communication, we are generally not responsible for the quality or delivery of services provided by independent Service Providers. The primary service contract is between the Traveler and the Provider. Disputes with TravelSouth itself are handled per Section 13.

6. Intellectual Property Rights

• TravelSouth Ownership: All rights to the Platform (software, design, text, graphics, logos, trademarks, technology) are owned by Nfactorial Consulting or its licensors.
• Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for permitted purposes under these ToU. This license does not allow copying, distributing, or modifying Platform content (other than your own UGC).
• User-Generated Content (UGC):
  • Ownership: You retain ownership of content you submit (reviews, photos, listings, etc.).
  • License to TravelSouth: By submitting UGC, you grant TravelSouth a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable, sublicensable license to use, copy, modify, distribute, publish, display, and perform your UGC in connection with operating and promoting the Platform.
  • Your Responsibility: You warrant you have the necessary rights to submit UGC and grant this license, and that your UGC does not violate laws or third-party rights. You are solely responsible for your UGC.
  • Monitoring/Removal: We reserve the right (but not obligation) to monitor or remove UGC that violates these ToU or is inappropriate. We will implement a process for reporting copyright infringement.

7. Role of TravelSouth (Platform Disclaimer)

• Intermediary Role: We reiterate that TravelSouth is an online platform facilitating transactions between Travelers and independent Service Providers.
• No Endorsement: Listing a Service Provider does not imply our endorsement or guarantee of their service quality, safety, or legality.
• Information Accuracy: We are not responsible for the accuracy or completeness of information provided by Service Providers (listings, pricing, availability). Verify critical details directly if needed. We reserve the right to correct obvious errors.
• Service Quality: We disclaim liability for the performance, quality, or safety of services provided by third-party Operators.

8. Affiliate Links and Third-Party Services

• Disclosure: The Platform contains links to third-party websites and services, including affiliates (e.g., Booking.com, Holafly) and integrated services (e.g., Instagram, Grab).
• Disclaimer: We are not responsible for the content, terms, privacy practices, or services of these third parties. Your interactions with them are at your own risk and governed by their policies.
• Affiliate Clarification: Earning commission via affiliate links does not constitute an endorsement.

9. Disclaimers of Warranties

• "AS IS" BASIS: THE PLATFORM, CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
• SPECIFIC DISCLAIMERS: WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AND THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED.

10. Limitation of Liability

• SCOPE: TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVELSOUTH (NFACTORIAL CONSULTING AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL) ARISING FROM YOUR USE OR INABILITY TO USE THE PLATFORM OR SERVICES.
• CAP ON DIRECT DAMAGES: OUR TOTAL AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES UNDER THESE TOU OR YOUR USE OF THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES (IF ANY) YOU PAID TO TRAVELSOUTH IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100) OR ITS EQUIVALENT IN SOUTH AFRICAN RAND (ZAR).
• BASIS OF BARGAIN: THESE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND TRAVELSOUTH.
• JURISDICTIONAL EXCEPTIONS: SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS OR LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS. LIABILITY FOR DEATH/PERSONAL INJURY DUE TO NEGLIGENCE, FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT WILL NOT BE LIMITED WHERE PROHIBITED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless TravelSouth (and its affiliates, officers, directors, agents, employees) from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: your use of the Platform; your violation of these ToU; your violation of any law or third-party right; or your UGC. We reserve the right to assume exclusive defense of any matter subject to indemnification by you.

12. Termination

• By TravelSouth: We may terminate or suspend your account and access immediately, without notice, for any reason, including breach of these ToU.
• By User: You may terminate your account by following the procedures outlined on the Platform.
• Consequences: Upon termination, your right to use the Platform ceases. Certain provisions (IP licenses from you, disclaimers, indemnity, liability limits, governing law, dispute resolution) will survive termination.

13. Governing Law and Dispute Resolution

• Governing Law: These ToU shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws principles. Mandatory consumer protection laws of your country of residence may apply where required by law.
• Dispute Resolution Process:
  • Informal Resolution: You agree to first attempt to resolve disputes informally by contacting TravelSouth customer support. Allow 60 days for this process.
  • Mediation (Optional): Consider mediation before formal proceedings.
  • Binding Arbitration (Primarily for US Users, with Opt-Out): For unresolved disputes, especially if you are in the US, you agree to binding individual arbitration.
    • Arbitration will be administered by a specified provider (e.g., ICDR for international, AAA for US) under their rules.
    • Scope, initiation, location (or virtual), and cost allocation will be detailed.
    • You may opt-out of this arbitration agreement within 30 days of accepting these ToU by notifying us in writing.
• Class Action Waiver: ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
• Small Claims Exception: Either party may bring qualifying disputes in small claims court.
• Court Jurisdiction: For disputes not subject to arbitration, you agree to the exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, unless mandatory consumer laws grant jurisdiction elsewhere.

14. Miscellaneous Provisions

• Entire Agreement: These ToU, the Privacy Policy, and Cookie Policy constitute the entire agreement between you and TravelSouth, superseding prior agreements.
• Severability: If any provision is found invalid, the remaining provisions remain in effect.
• No Waiver: Our failure to enforce any right is not a waiver of that right.
• Assignment: You may not assign these ToU without our consent; we may assign them freely.
• Headings: Section headings are for convenience only.
• Notices: We will provide notices via email or posting on the Platform. Provide notice to us via the contact methods below.
• Contact: For questions about these Terms of Use, please contact us at: [email protected].