Plett Trails App Terms & Conditions
By installing the Plett Trails App, you agree to these terms and conditions:
| Plett Trails App End User Agreement |
|
Last updated: [April 2022 ] |
| Welcome to Plett Trails |
| Our Plett Trails App exists to help you find the best trails in our region, from Harkerville to Stroms River. |
| We aim to make your rights and responsibilities with respect to these terms clear and easy to understand. If you have any questions about these terms, you can contact us any time at Plett Tourism. info@pletttourism.com |
| 1. Some words about safety |
| 1.1. When using the divesre Trails in Plett, safety is essential. Please read these safety warnings carefully. |
| 1.2. Participating in trail sports is potentially dangerous and it is your responsibility as a trail user to always evaluate the risks of taking part in an activity in any particular area or particular conditions. You should never walk, bike, hike or run outside of your ability or fitness level, or in such places, or in such a way, or at such a speed as to endanger yourself, other trail users or other people’s property. Your choice to walk, bike, hike or run along any particular route is solely your decision and is undertaken at your own risk. |
| 1.3. It is your responsibility to check the weather forecast and make appropriate safety decisions. Ensure you have the right equipment for the terrain and the conditions, tell people where you are going and always have a back-up plan. Trails are in potentially dangerous and dynamic environments and require you to check the physical conditions on the trail. We strongly recommend that you are accompanied by a qualified and experienced professional, our list of guides can be of assistance. |
| 1.4. When you are in any forest, resort, provinvial reserve, national park or private property, familiarise yourself with, and abide by, the rules and regulations at all times. |
| 1.5. You use the Plett Trails App at your own risk. The Plett Trails App is not a safety device and must not be relied upon as a navigation safety tool. The Plett Trails App is for recreational and information use only. Don’t undertake any outdoor activity with a mobile device in your hand, and only use the Plett Trails app while stationary. |
| 1.6. Ultimately, your safety is your responsibility. Be sensible, stay alert and respect the trail and other people. |
| 2. Scope of these terms |
| 2.1. This end user agreement tells you the terms of use on which you may use the Plett Trails app. Please read these terms of use carefully before you start to use the app. |
| 2.2 These terms cover the Plett Trails mobile app, the Plett Trails website and any associated products and services. By accessing, using or uploading or downloading any information or materials to or from the services, or by creating a Plett Trails account, you accept these terms of use and you agree to abide by them. |
| 2.3. By accepting these terms of use you also accept our Privacy Policy. |
| 2.4. If you do not agree to the Plett Trails End User Licence Agreement, please refrain from using the Plett Trails App. |
| 2.5. This End User Licence Agreement is a legal agreement between you and Plett Tourism and grants you a non-transferable, non-exclusive licence to use the Plett Trails App on the basis of this End User Licence Agreement and subject to any rules or policies applied by where you downloaded the Plett Trails App. We remain the owners of the Plett Trails App. |
| 3. Notification of changes |
| 3.1 If we make changes to these terms we will update this page, and where appropriate, you may be notified the next time you start the Plett Trails App or website. |
| 4. Cost |
| 4.1. The Plett Trails App is free to use. |
| 5. Personal Data and your privacy |
| 5.1. We are committed to protecting and respecting your privacy. By accepting this agreement, you also accept the terms of our Privacy Policy. |
| 5.2. The Privacy Policy details clearly the information about you that we collect and process and how it is used. |
| 5.3. In general, we use the information you provide to manage your account and provide the Plett Trails service. We never sell or share your personal information with any third party without your explicit consent. |
| 6. Licence restrictions |
| 6.1. Except as expressly set out in this agreement or as permitted by any local law, you agree: |
| not to use the Plett Trails App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or act fraudulently or maliciously; |
| not to infringe our intellectual property rights or those of any third party; |
| not to transmit any material that is defamatory, offensive or otherwise objectionable; |
| not to use the Plett Trails App in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; |
| not to copy the content of the Plett Trails App; |
| not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Plett Trails App; |
| not to make alterations to, or modifications of, the whole or any part of the Plett Trails App, or permit the Plett Trails App or any part of it to be combined with, or become incorporated in, any other apps; |
| not to use or copy any of the content from the Plett Trails App in breach of the rights of any other users or owners of the content. |
| 7. Limitation of liability |
| 7.1 We only supply the Plett Trails App for recreational and private use. You agree not to use the Plett Trails App for any commercial, business or resale purposes. |
| 7.2 The Plett Trails App may contain links to independent third-party websites or third-party Services, for example, weather providers. Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies. You will need to make your own independent judgement regarding your interaction with any Third-party Sites. |
| 7.3 While we make all reasonable efforts to ensure that the digital mapping and data content you access in the Plett Trails App is up to date and accurate, we cannot guarantee this mapping data and content as we have obtained the information from third parties. Emergency contact information, weather forecasts, etc. is all obtained from third parties for which we are not responsible. |
| 7.4 To the extent permitted by law, we, other members of Plett Tourism and third parties connected to us hereby expressly exclude our liability under or in connection with this agreement whether in contract, tort (including negligence) or otherwise. |
| 7.5 Nothing in this End User Licence Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and |
| any other liability that cannot be excluded or limited by South African law. |
| 8. Termination |
| 8.1 We may terminate this End User Licence Agreement immediately by written notice to you: |
| if you commit a material or persistent breach of this End User Licence Agreement which you fail to remedy (if remediable) within fourteen days after the written notice requiring you to do so; or |
| if you breach any of the Licence Restrictions or the Acceptable Use Restrictions. |
| 8.2 On termination for any reason: |
| all rights granted to you under this End User Licence Agreement shall cease; |
| you must immediately cease all activities authorised by this End User Licence Agreement, including your use of the Plett Trails App; and |
| you must immediately delete or remove the Plett Trails App from all of your devices. |
| 9. General |
| If you wish to contact us you can find us at Melville’s Corner, Main Street, Plettenberg Bay, 6600 or info@pletttourism.com |
| 9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this End User Licence Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control). If any Event Outside Our Control takes place that affects the performance of our obligations under this End User Licence Agreement: (a) our obligations under this End User Licence Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (b) we will use our reasonable endeavours to find a solution by which our obligations under this End User Licence Agreement may be performed despite the Event Outside Our Control. |
| 9.2 Each of the clauses of this End User Licence Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect. |
| 9.3 The South African courts will have non-exclusive jurisdiction over any claim arising from, or related to, this End User Licence Agreement although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. This End User Licence Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa. |
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WALK along the Cradle of Human Culture, through sandy shores and in indigenous forests.
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