Terms and Conditions 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY  BEFORE REGISTERING FOR THE VENUE SAFE  RATING.  REGISTRATION FOR THE VENUE SAFE RATING  INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
 

Any user and or viewers of this website and  the VSR database will do so at its own risk and will not keep the owners of this website and database or any other websites responsible for any errors or losses that may occur.
 
For the purpose of this document , the word “organisation” will refer to the following:
 Destinations, venues, restaurants, hotels, guest houses, holiday resorts,  private accommodation and  any other accommodation facilities, offices, schools, training venues, shops,  and similar places that may be visited by tourists and other groups or persons who list on this website and or database or intends to do so.

VSR is not a security service. VSR is a database where information, obtained from venue owners, are published to assist prospect visitors of these venues.

The self-assessment form must be completed and returned to us by the owner or authorized person of your business or organisation.
Rating will be allocated by using a list of questions (criteria) answered by the requesting organisation. These criteria may be changed by the owners of this website and database at any time.

Owners of this website and database do not state that any organisation listed on this website or database is a safe venue. Ratings are calculated purely on the information provided by the specific organisation.

Owners of this website will try to update the criteria to ensure valuable information be provided to tourists and other users of this website.

When it becomes known that a false declaration was made, VSR will have the right to remove the listing from the database. All monies paid by the organization will be non-refundable.

The listing fee entitles the organisation to have its organisation listed on the VSR database for 12 months, on condition that all information provided is true and correct. After12 months, the organisation will have the option to renew and update the listing on the VSR database.

Rating is based on the information received from the organisation. The owners of the VSR website will try to provide the best and most accurate information as provided to them, but the owners of this website, or any agent of it, will not be held liable for any incorrect information or any error on this website or pages linked to this website.
All fees are payable upfront before any assessment or rating will take place and is not refundable whatsoever.
 
1.VSR  reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By registering for a VSR or by using this database and/or website you represent that you are at least 18 years of age and agree that VSR.co.za or any of its agents, other websites,  databases and/or publications,  may use and publish any information you have provided. You will have the  option  to cancel your subscription at any time. You agree to comply with the specifications and rules provided by VSR from time to time.

2.VSR will make the database available to organisations and individuals of its choice.

3.VSR does not and cannot guarantee any service other that listing the organisation (once payment for the agreed period has been received by VSR on the database of its website .

4.You are solely responsible for the information, including all content and materials, maintenance and operation thereof, and adherence to the terms of this agreement, including compliance with the any of the VSR policies. VSR reserves the right to investigate, at its own discretion, any activity that may violate this agreement.  VSR is not responsible for anything related to your information provided by you or any links to or from you and/or your websites , webpages or any other media, including without limitation the receipt of queries from end users of your information provided or any information on our websites , databases or any other publications. In addition, VSR shall not be obligated to provide notice to you in the event that any listing, ad, link or search result not being displayed properly or is not being completed properly by VSR  or other users of the website,  database or other publications of VSR

5.PROHIBITED USES. You  will not, and will not authorize or encourage any third party to copy  or use the VSR database or any of its information on the website and other publications.

6.You will not engage in any practice that reflects poorly on VSR or otherwise disparage or devalue VSR’s reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this agreement and that we may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of this agreement, and the pursuit of all available civil or criminal remedies.

7.TERMINATION / CANCELLATION   Subject to any third party agreements you may have with other VSR services and agents  (e.g., advertising , listing, hosting company), you may stop listing, displaying ads, links, pages or databases of VSR and its agents  by giving VSR 30 days written notice. You may terminate this agreement with or without cause at any time by sending written notice of your desire to cancel your participation or listing on VSR’s websites and or databases. This  Agreement will be deemed terminated within thirty (30) business days of  VSR’S receipt  of  your notice. VSR may investigate any activity that may violate this agreement. VSR may at any time, in its sole discretion, terminate all or part of the database and or website and program, terminate this agreement, or suspend or terminate the participation of any listing or activity in all or part for any reason. In addition, VSR reserves the right to terminate without notice any listing, ad, link or any activity.. Should the listing still appear after it was removed, due to  cookies, cache or any other reason, the owners will not be liable or kept responsible.

8.CONFIDENTIALITY   You agree not to disclose VSR Confidential Information without VSR's prior written consent. "VSR Confidential Information" include  without limitation: (a) all VSR’s software, technology, programming, specifications, materials, guidelines and documentation relating to the websites or databases and(b) any other information designated in writing by VSR as "Confidential" or an equivalent designation. VSR Confidential Information does not include information that has become publicly known through no breach by you or VSR, or information that has been  required to be disclosed by law or by a governmental authority.

9. NO GUARANTEE .  VSR gives  no guarantee that the  website or database will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond VSR’s (or its agent’s) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where VSR (or its agents) or your servers are located or co-located.

10.NO WARRANTEE    . VSR GIVES  NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO LISTING, ADVERTISING, LINKS, SEARCH  AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT LISTINGS, ADS, LINKS, AND SEARCH RESULTS ARE BASED ON OR DISPLAYED IN CONNECTION WITH NON-VSR CONTENT, VSR WILL  NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LISTINGS, ADS, LINKS, AND SEARCH RESULTS.

11.  LIMITATIONS OF LIABILITY ; FORCE MAJEURE  EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE WEBSITE AND DATABASE, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Without limiting the foregoing and except for payment obligations, neither party will have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

12.PAYMENT   All payments are up front and no ad, listing or any other service will commence before proof of payment has been received by VSR.

13.PUBLICITY   You agree that VSR may use your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers,  search results pages, and other publications. If you wish to use VSR's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, you may do so, as long as such use is in compliance with this agreement or by written approval by VSR.

14.REPRESENTATIONS AND WARRANTIES   You represent and warrant that (a) all of the information provided by you to VSR to enroll in the listings are correct and current; (b) you are the owner  of your organisation or you are legally authorized to act on behalf of the owner of such organisation for the purposes of this agreement and the listings (c) you have all necessary right, power, and authority to enter into this agreement and to perform the acts required of you hereunder; and (d)you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations in your performance of any acts hereunder. In addition, you further represent and warrant that all information and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.

14.YOUR OBLIGATION TO INDEMNIFY   You agree to indemnify, defend and hold VSR, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)  )   harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any indemnified person(s), arising out of, related to or which may arise from your use of the program, the Property(ies), and/or your breach of any term of this agreement.

15.VSR’s  RIGHTS   You acknowledge that VSR owns all right, title and interest, including without limitation all intellectual property rights (as defined below), in and to the VSR website ,database and other services and that you will not acquire any right, title, or interest in or to the website,  database or any other publication or service by VSR except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of  VSR’s  services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the website, database or proprietary information related thereto. You will not remove, obscure, or alter VSR's copyright notice, brand features, or other proprietary rights notices affixed to or contained within any VSR services, software, or documentation. "Intellectual Property Rights" mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
 
16.INFORMATION RIGHTS  VSR may retain and use,  all information you provide, including but not limited to property demographics and contact and billing information. You agree that VSR may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the website , database and other publications, including to third parties that reside in jurisdictions with less restrictive data laws than your own. VSR may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. VSR disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. VSR may share non-personally-identifiable information about you, including Property URLs, Property-specific statistics and similar information collected by VSR, with advertisers, business partners, sponsors, and other third parties. In addition, you grant VSR the right to make available any portion thereof, including  to web spiders or crawlers.

17.MISCELLANEOUS   This Agreement shall be governed by the laws of The Republic of South Africa. Any dispute or claim arising out of or in connection with this agreement shall be adjudicated in Pretoria, Gauteng, South Africa. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this agreement must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued participation in the program after such terms have been updated by VSR. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this agreement will remain in full force and effect. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this agreement, without liability to VSR. Notwithstanding the foregoing, VSR may assign this agreement to any affiliate at any time without notice. The relationship between VSR and you is not one of a legal partnership relationship, but is one of independent contractors.
 
2008-04-07