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Terms of Service

Please read our terms and conditions before using our services.

Spekboom's Terms of Service

Spekboom grants users the right to use and enjoy the platform globally, on any device they own or control, in accordance with these terms and conditions. This right is for personal use only and is non-transferable. Users are prohibited from modifying, decompiling, disassembling, or reverse engineering the platform. All intellectual property rights related to the platform are owned by Spekboom and its licensors. By using the platform, users consent to receive communications from Spekboom through various means.

Users must complete an online profile application and may only hold one profile for personal or business use. Accurate and updated information is required, and users are responsible for maintaining the security and secrecy of their profile credentials. Spekboom is not liable for any loss resulting from a breach of this responsibility. While the platform is managed by Spekboom, it does not guarantee the verification of listings and locations provided by hosts or partners. Spekboom reserves the right to suspend or terminate profiles at its discretion and processes user information according to the Protection of Personal Information (POPI) Act.

The platform allows guests to browse and book various types of accommodations, such as hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, and rondavels, showcasing listings across Sub-Saharan Africa. Hosts provide these listings and are responsible for ensuring the accuracy of their information. The platform facilitates reservations by either redirecting guests to host websites or designated channel managers or enabling direct payment through the platform, partnered with service providers to allow users to receive payments. Spekboom takes a commission on bookings made through the platform. Spekboom may charge hosts fees for additional services.

Users are responsible for complying with all applicable laws and regulations. Spekboom may conduct verification checks on user data to ensure its accuracy, in compliance with South African data laws and the company's privacy policy, specifically the POPI Act. Specific warranties require users to engage in appropriate behavior, report criminal conduct, and not circumvent the platform or its services. Users must not process other users' personal information without consent or use the platform for unauthorized activities.

Spekboom includes advertising and sponsorship, with advertisers responsible for ensuring compliance with laws and regulations. Spekboom excludes liability for errors in advertising material. The platform may promote accommodations on third-party sites, and hosts can request their listings not be marketed on specific platforms.

The platform integrates third-party services, including but not limited to payment processing, insurance, e-commerce, and AI functionality, to enhance the user experience. Spekboom also curates travel arrangements and other features using AI, but users should be aware that these are additional services subject to specific terms and may involve large language models (LLMs). Spekboom is not responsible for the stability or accuracy of data on the platform and excludes liability for any interruptions, errors, or misstatements. Users waive claims against Spekboom for any losses or damages arising from the platform's use. Spekboom is not an estate agent, attorney, or intermediary, and users are solely responsible for their contractual agreements.

Disputes between hosts and guests are to be resolved between the parties, with Spekboom offering assistance at its discretion. Users can terminate their agreement with Spekboom by deregistering their profile, but this does not affect existing lawful rights. Spekboom may amend these terms and conditions without notice, with changes becoming effective upon upload to the platform. The laws of South Africa govern these terms and conditions.

Definitions

  • Accommodation Listing: Various lodging types listed on Spekboom by hosts, including hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, and rondavels.
  • Additional Services: Priority listings, accommodation photography, travel arrangements, AI features, and other services offered by Spekboom.
  • Rental Agreement: The rental agreement concluded between the guest and the host for the accommodation listed on the platform.
  • Host: Owner or manager of an accommodation listed on the platform.
  • Guest: User seeking accommodation on the platform.
  • Profile: User's recorded information on the platform.
  • Price: Amount payable by the guest to the host, indicative and not comprehensive of all prices.
  • Spekboom: Spekboom Tree (Proprietary) Limited, a South African company.
  • The Spekboom Platform: Mobile web-based application for guest and host facilitation.
  • Users: Guests and hosts using the platform.
  • User Data: Information about users, including profile details and accommodation preferences.

Liability Limitations

Spekboom receives data and services from sources which are not connected to it, nor subject to its control. Spekboom and the participants in its supply chain rely on internet connectivity and electronic communications and are susceptible to all the vagaries inherent in that form of connectivity and communication. Whilst Spekboom will take reasonable steps to create a stable and accessible electronic platform by way of the Spekboom Platform, it does not represent or warrant, whether express or implied, that the platform or the data aggregated therein will be free of instability or error.

Neither Spekboom nor its proprietor or any of their officers or employees will be liable for any interruption or delay in the use of the Spekboom Platform, any interception in communications or corruption of data (including User Data) or systems, any transfer of computer viruses, any error or misstatement in relation to any data (including User Data), any incompleteness in relation to data (including User Data), any improper or inapplicable use to which any data is put, any claim or loss of any nature relating to or arising from the download, installation, access to or use of the Spekboom Platform or any data (including user data) aggregated within or processed by the Spekboom Platform.

To the fullest extent permitted by law, you waive any claim which you may have against Spekboom, its shareholders, officers, and employees and you hold Spekboom harmless and indemnify it against any such claim, including but not limited to reputational damage, bodily injury, death, theft, loss, damage to property (including direct, indirect, special or consequential damages), costs (including but not limited to legal costs) and claims arising from or related to your use of the Spekboom Platform. Spekboom will do its best to, and will take all reasonable steps to, monitor, flag, and address suspicious and/or inappropriate behavior but it does so at its own discretion for the purposes of maintaining the safety and security of its Platform.

Spekboom has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content, or (iii) the performance or conduct of any User or third party. Spekboom does not endorse any Host or Listing. Any references to a Host being "verified" (or similar language) only indicate that the Host has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification, or guarantee by Spekboom about any Host or Guest, including of the Guest's or Host's identity or background or whether the Guest or Host is trustworthy, safe, or suitable. Guests should always exercise due diligence and care when deciding whether to stay in an Accommodation and communicate and interact with other Guests or Hosts, whether online or in person. Images provided on the Spekboom Platform are intended only to indicate a photographic representation of an Accommodation Listing at the time the photograph was taken, and are therefore not an endorsement by Spekboom of any Host or Guest or Accommodation Listing.

Termination

IN ADDITION TO ITS OTHER RIGHTS HEREIN, SPEKBOOM RESERVES THE RIGHT TO SUSPEND AND/OR TERMINATE AND CANCEL YOUR PROFILE AND USE OF THE SPEKBOOM PLATFORM AND/OR SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT SPEKBOOM GIVES REASONABLE NOTICE TO YOU.

If you wish to terminate the agreement with Spekboom, or end your use of the Spekboom Platform, you may do so by deregistering your Profile with Spekboom and discontinuing your use of the Platform/Services. Such deregistration from the Platform will, however, not affect the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination with the Spekboom Platform.

In the event of cancellation of your agreement with these Terms and with Spekboom, Spekboom will remove you from the Platform and delete your Profile.

General Provisions

Spekboom, or any party from whom it receives any element of the Spekboom Platform, may from time to time improve, upgrade, or enhance the Spekboom Platform. In such event, the Spekboom Platform thus improved or enhanced will be subject to these terms and conditions.

Spekboom may from time to time activate temporary marketing campaigns for the Spekboom Platform. In this event, additional terms and conditions will be disclosed to you and shall be deemed to be a part of these terms and conditions. The obligation is therefore on you to review these terms and conditions at regular intervals.

Spekboom will be entitled to amend any provision of these terms and conditions from time to time without notice to you. Any amendment to these terms and conditions shall be effective when uploaded by Spekboom to its website and/or the Spekboom Platform. Your continued access to or use of the Spekboom Platform will be deemed to be your acceptance of these terms and conditions, as amended. It is important that you review these terms and conditions regularly so that you are aware of any amendments.

The law of the Republic of South Africa will be used in the interpretation and enforcement of these terms and conditions.

If any provision of these terms and conditions is found by a court to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect.

No failure on the part of Spekboom to exercise, and no delay by Spekboom in exercising, any right under these terms and conditions will operate as a waiver of that right, nor will any single or partial exercise of any right under these terms and conditions preclude any further or other exercises of that right nor act to the exclusion of any other right.

For any questions or concerns regarding these Terms, please visit www.spekboom.co/contact.