Legal / Terms and Conditions
Standard Terms and Conditions of Contract for STUMBLER
All Services rendered by or on behalf of STUMBLER to the Clients are subject to the terms and conditions (‘the Conditions’), as set out below.
Nature of the services rendered by Stumbler
Stumbler provides you with an online platform to showcase places of interest within the community. (‘The Services’) pursuant to which the general public shall:
i. have access to the portal, being www.stumbler.co.za (the Website);
ii. Be entitled to set certain accommodation, entertainment/food industry and/or other service criteria based on information gleaned from the internet in order to filter favourable content.
For the avoidance of doubt, the Services do not include any advisory or consultancy services.
The Client and Authority
By accessing and/or using the Website, you acknowledge that you have read, understood and accepted these terms and conditions. If you do not agree with all these terms and conditions, in their entirety, or if you do not wish to be bound by these terms and conditions, you may not access, copy or download any content on the Site and you are not entitled to use the Site.
Third Party Service Providers
Stumbler provides Clients with the Services either itself or acting on behalf of principals engaged in or associated with the relevant service providing industry (collectively referred to as ‘the Principal’). Stumbler represents the Principal as agents only AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or wilful misconduct of Stumbler or any person acting for or controlled by Stumbler) which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any RIGHT OF RECOURSE the Client may have, will be solely against the Principal.
Reviews, Comments and Use of Other Interactive Areas
Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Stumbler and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and
(b) Use the name that you submit in connection with such Submission. You acknowledge that Stumbler may choose to provide attribution of your comments or reviews at our discretion. You further grant Stumbler the right to pursue at law any person or entity that violates your or Stumbler’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Stumbler does not edit or control the User Messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. Stumbler nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Website (“Interactive Areas”). If Stumbler provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c. Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law.
d. Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
e. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
f. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Stumbler;
g. Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations;
h. Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
i. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Identity numbers and/or credit card numbers;
j. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
k. Viruses, corrupted data or other harmful, disruptive or destructive files;
l. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
m. Content or links to content that, in the sole judgment of Stumbler, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or (d) which may expose Stumbler or its affiliates or its users to any harm or liability of any type.
Stumbler takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Stumbler liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Stumbler is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Stumbler has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Stumbler reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Stumbler or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Stumbler, and its licensees, successors and assigns, from any claims that you could otherwise assert against Stumbler by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and Stumbler. Stumbler SHALL BE ENTITLED to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Amendments of these Conditions
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of Stumbler.
Limitation of Liability
STUMBLER, ITS OFFICERS, DIRECTORS, SERVANTS OR AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE OR INJURY SUFFERED BY ANY PERSON WHETHER TO THEIR PERSON OR PROPERTY, HOWSOEVER CAUSED WHETHER OR NOT ARISING FROM ANY ACT, OMISSION, DEFAULT, OR NEGLIGENCE ON THE PART OF STUMBLER, UNLESS SUCH CLAIM IS DUE TO THE GROSS NEGLIGENCE OR WILFUL CONDUCT OF STUMBLER.
In the event that Stumbler has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Stumbler is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees on an attorney and client scale.
Subject to statutory constraints or compliance with an order of court, Stumbler undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
The Website is owned by Stumbler and the domain names are registered in the name of Stumbler. All intellectual property rights in and to the aforementioned vests in Stumbler. None of the content or data found on the Website may be reproduced, sold, transferred, or modified without the express written permission of Stumbler.
Copyright and Trademark Notices
All contents of the Website are registered to: ©2016 Stumbler, together with the associated trademarks (whether registered or unregistered) of Stumbler. All rights in and to any copyright or registered or unregistered trademarks of Stumbler remain strictly reserved. Other product and/or company names mentioned in the Conditions and/or the Online Conditions may be the trademarks of their respective owners.
Changes & Modifications of these Terms and Conditions
Stumbler may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Website and/or the conclusion of a transaction with Stumbler will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be. The CLIENT AGREES TO ACCEPT AND BE BOUND BY the Online Conditions and notices which are in effect at the time of the Client’s use of the Website and facilities.
Access and Use
Access to and use of the Website is ENTIRELY AT THE CLIENT’S RISK. Stumbler may discontinue or suspend the Website at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination as contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act].
Personal and non-commercial Use Limitation
The Website is for the Client’s personal and non-commercial use. The content and information on the Website (including, without limitation, price and availability of accommodation and/or other services) as well as the infrastructure used to provide such content and information, is proprietary to Stumbler or the Principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Website or its contents or information for any purpose (direct or indirect) other than conducting enquiries for personal, non-commercial use, such as (for example) for reselling purposes. Whilst the Client may make limited copies of its documentation relating to accommodation and/or other services purchased through the Website, the CLIENT AGREES not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Website. In addition, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:
i. access, monitor or copy any content or information of the Website using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Stumbler;
ii. violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
iii. Deep-link to any portion of the Website for any purpose without express written permission of Stumbler.
The information, software, products, and services published on the Website may include inaccuracies or typographical errors. In particular, Stumbler DOES NOT GUARANTEE THE ACCURACY of the products displayed on the Website (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Principals. Stumbler DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Website are intended as only general guidelines, and Stumbler DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.
Stumbler may make improvements and/or changes on the Website at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’. Stumbler makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Website for any purpose, and the inclusion or offering for sale of any products or services on the Website DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Stumbler. For the avoidance of doubt, the services rendered by Stumbler do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.
Stumbler hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Principals are independent contractors and not agents or employees of Stumbler or its affiliates. Affiliates include websites which click-through to the Website. Stumbler is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. Stumbler and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, [overbooking], strike, force majeure or other causes beyond their direct control, and it has NO RESPONSIBILITY for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.
In no event shall Stumbler and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Website or with the delay or inability to use the Website, or for any information, software, products, and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, delict, strict liability, or otherwise, even if Stumbler and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The Client AGREES TO DEFEND AND INDEMNIFY Stumbler and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:
i. the Client or on the Client’s behalf [in excess of the liability described above]; or
ii. by third parties as a result of
a. the Client’s breach of the Online Conditions and notices or any other documents referenced herein;
b. the Client’s violation of any law or the rights of a third party; or
c. The Client’s use of the Website.
No unlawful or prohibited Use
The Client WARRANTS UNCONDITIONALLY that the Client will not use the Website for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.
Links to other web pages
There are links on the Website which allow a Client to visit the website of third parties. Neither these website nor the companies to whom they belong are controlled by Stumbler and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such website nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such website. Stumbler’s inclusion of hyperlinks to such website does NOT IMPLY ANY ENDORSEMENT of the material on such website or any association with its operators. Stumbler has not tested and MAKES NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such website. The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it. The CLIENT INDEMNIFIES Stumbler against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked website.
Please note that the use of this Website is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.
THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and Stumbler as a result of this agreement or use of the Website.
Stumbler’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Stumbler’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Website or information provided to or gathered by Stumbler with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Stumbler with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Stumbler with respect to the Website.
Any rights not expressly granted to Stumbler herein remain reserved.
Stumbler, South Africa, is a South African owned business who trade in ZAR Rands. No other options of Trading Currency will pass through our payment gateway.
All the terms and conditions displayed on the Website constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the CLIENT ACKNOWLEDGES that he/she has not relied on any matter or thing stated on behalf of Stumbler or otherwise that is not included herein.
Internet Merchant Agreement
1. Detailed description of goods and/or services.
Stumbler is a business in the online retail industry that services events and Listing websites for exploration and promotional purposes.
2. Our Delivery policy.
Subject to availability and receipt of payment /s, requests will be processed within 2 working days and delivery conﬁrmed by way email or directive from the merchant.
3. Export restriction.
The offering on this website is available to South African clients only.
4. Return and Refunds policy.
The provision of goods and services by Stumbler is subject to availability. In cases of unavailability, Stumbler will refund the client in full within 7 working days. Cancellation of orders by the client will attract a 5% administration fee.
Stumbler shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be deﬁned as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
6. Payment options
Accepted Payment may be made via Visa, Master Card, Debit cards or by bank transfer into Stumbler’s bank account, the details of which will be provided on request.
Card acquiring and security Card transactions will be acquired for Stumbler (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certiﬁcate and security policy.
8. Customer details separate from card details
Customer details will be stored by Stumbler separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
9. Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is in South African Rand (ZAR).
Stumbler takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website. Customer service and support relating to a specific item or event will be dealt with by Stumbler and the Merchant responsible including dispute resolution and delivery of goods. If in any event a User feels to dispute a deal or claim, we will mediate between the User and Merchant to resolve the dispute.
11. Country of domicile
This website is governed by the laws of South Africa and Stumbler chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Stumbler may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13. Company information
This website is run by Stumbler (PTY) LTD and is based in South Africa. Stumbler trades as Stumbler (PTY) LTD. Company Registration Number 2017 / 239853 / 07 Directors/Members/ are: Wesley Neilson / Michael Swart / Jos Van Heerden
14. Stumbler contact details
Company Physical Address: 53 J.B.Marks Road, Musgrave, Durban, KZN. South Africa. Email: firstname.lastname@example.org Telephone: Wesley Neilson on 071 895 7536 (General) Michael Swart on 072 502 4919 (Technical)