Town On Tap WebApp Terms & Conditions

(A) USERS

Accuracy of Information

Town On Tap does its best to ensure that all information on the Progressive Web App is accurate and up to date. Should you find any inaccurate information on the platform, please notify us by email at info@townontap.com.

No representations are made on our behalf indicating that the information is accurate, up to date, or complete, and we accept no liability for any loss or damage caused by inaccurate information. Whilst every effort is made to ensure that correct information is added to the Town On Tap platform, the platform contains a large amount of data, and it is inevitable that errors may occur from time to time. Please check directly with businesses should you wish to verify any information.

Our Liability

Information on this platform is provided to the end user free of charge, with the understanding that Town On Tap and all its associates and staff bear no liability for the information provided.

In no event shall the platform, its staff, or associates be liable to you for any direct, indirect, or consequential loss, including loss of profit, revenue, or goodwill arising from your use of the platform or any information accessed on or via this platform. All terms implied by law are excluded.

Town On Tap is a distributor (and not a publisher) of content supplied by third parties and users of the platform. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users, are those of the respective authors or distributors and not of Town On Tap. We do not necessarily endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, service, or product distributed or made available on the platform.

Barring from the App

Town On Tap reserves the right to block and forbid users from the platform, either permanently or temporarily, at our discretion. Any affected user will be notified and must not attempt to use the platform under another name or through any other account.

Links

Town On Tap provides links for the convenience of users seeking to find a business or service. These may include, but are not limited to, links to third-party websites, social media platforms, maps, emergency numbers, and booking services.

Should you choose to visit a third-party website or use its products or services, please be aware that the third party’s privacy policy — and not Town On Tap’s privacy policy — will govern your activities and any information you disclose while interacting with that third party.

Contact Us

If you have any questions regarding these terms and conditions or privacy while using the application, please contact us at info@townontap.com.

(B) BUSINESSES

Acknowledgement & Acceptance of Agreement

This Listings Service Agreement (together with all applicable terms and conditions, including, without limitation, the Town On Tap Terms of Use, Code of Conduct, and Editorial Guidelines, which are hereby incorporated by reference) is made and entered into by Town On Tap and the business entity identified by you when registering or signing the listing agreement.

You acknowledge, represent, and warrant that you are authorized to enter into this Agreement on behalf of the advertiser, that your acceptance (via signature, electronic signature, or verbal agreement) constitutes binding consent, and that all information submitted by you to Town On Tap is and will remain accurate and authentic.

I. Pursuant to this Agreement, the advertiser submits business listings and/or links for inclusion on the Town On Tap platform.

II. Basic inclusion of a website title, description, and URL (“Business Listing”) on the Town On Tap platform is sold on an inclusion basis for a once-off setup fee, with the option of an annual or monthly recurring subscription fee. Town On Tap may, at its sole discretion, change the setup or subscription fee at any time.

III. Following presentation of the listing agreement, Town On Tap will review the information submitted by the advertiser to determine whether the business is eligible for inclusion on the platform.

IV. The right to include a business or service remains at all times at the discretion of Town On Tap.

Notification of Changes

Town On Tap may, at any time and at its sole discretion, change the terms of this Agreement. Modifications may include, without limitation, adjustments to subscription fees. Updated terms will be posted on the Town On Tap website, and the effective date will be updated accordingly.

It is the responsibility of both advertisers and users to review the terms regularly. If Town On Tap determines that a modification is material, it will notify you electronically via the email address associated with your account. If any modification to this Agreement is not acceptable to you, your sole remedy is to notify Town On Tap of your election not to renew your Agreement.

Terms of Agreement

Town On Tap may, at any time and at its sole discretion, with or without cause, terminate this Agreement and/or cancel any listings or links submitted under it.

Subscriptions

Subscriptions are automatically renewed on a month-to-month basis after the initial 12-month subscription period, unless the advertiser notifies Town On Tap by sending an email with the word “CANCELLATION” in the subject line to info@townontap.com. Such notice must be sent at least thirty (30) days before the commencement of the next renewal term.

Service Fees and Payment Terms

Advertisers agree to pay all applicable charges as specified in the listing agreement, including any applicable taxes or government charges. If an advertiser disputes any charge, they must notify Town On Tap via email at info@townontap.com within ten (10) days of the charge. Failure to do so constitutes a waiver of any claim relating to the disputed charge.

All payments made under this Agreement are non-refundable. Late payments exceeding thirty (30) days will accrue interest at ten percent (10%) per month or the maximum rate permitted by law, whichever is lower. Advertisers shall also reimburse Town On Tap for any costs or legal fees incurred in collecting overdue amounts.

Advertisers with annual subscriptions are required to pay on receipt of invoice. Monthly subscriptions are collected via the Town On Tap subscription platform, processed by Payfast.

Editorial Standards and Requirements

Advertiser listings are generally designed by the Town On Tap design team. Advertisers may supply their own adverts according to the provided size specifications, subject to Town On Tap’s approval.

Town On Tap reserves the right to approve, modify, or remove any advertisement at its sole discretion. Advertisers must comply with Town On Tap’s editorial and design standards.

Advertisers represent and warrant that their listings, links, and submissions to the Town On Tap platform will not include content that may result in a claim against or legal liability for Town On Tap, or that violates applicable law. This includes, without limitation, content that is fraudulent, defamatory, obscene, infringing, or otherwise unlawful.

Advertisers agree to indemnify, defend, and hold harmless Town On Tap and its affiliates, employees, and partners against any third-party claims or liabilities arising from advertiser content or breach of this Agreement.

Security

Town On Tap endeavours to protect the security of advertiser payment information by using Secure Sockets Layer (SSL) when receiving payment information via Payfast. It is important for advertisers to protect against unauthorized access to their account credentials. Advertisers are solely responsible for maintaining the confidentiality of their account and for all activities conducted under it.

All personal information received on the listing agreement will be held in the strictest confidence by Town On Tap.

Registration Information

In connection with the Listing Program, advertisers are required to submit registration information. Town On Tap may use such information to contact advertisers and may disclose it to third-party vendors and service providers as needed to operate and maintain the platform.

Disclosure may also occur in good faith to comply with the law, enforce this Agreement, or protect the rights or interests of Town On Tap and its affiliates. Town On Tap may transfer or assign such information in the event of a merger, consolidation, or acquisition.

License

Advertisers grant Town On Tap a worldwide, limited, non-exclusive, non-transferable, royalty-free license to:

Reproduce, distribute, display, and use advertiser listings and submissions (including trademarks, logos, and related materials) for the purpose of providing platform services; and

Incorporate advertiser-provided links as part of the listings and submissions.

Warranty Disclaimer

Town On Tap and its suppliers make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. All Town On Tap platforms operate on an “as is” and “as available” basis. Town On Tap shall not be responsible for delays caused by circumstances beyond its control, including war, terrorism, acts of God, or embargoes.

Limitation of Liability

In no event shall Town On Tap or its affiliates be liable for any indirect, incidental, consequential, or special damages, including lost profits, even if advised of the possibility of such damages. Town On Tap’s total liability shall not exceed the total fees paid by the advertiser under this Agreement during the six (6) months preceding the claim.

Privacy Policy

Advertisers and users may not collect personal information from users of the Town On Tap platform or place cookies or code on user devices. Town On Tap’s privacy policy governs user interactions on the platform. Town On Tap owns all data related to user access, demographics, and usage. “Personal Information” includes any identifying details such as name, email address, financial information, or contact data.

(C) RESERVATION OF RIGHTS

Advertisers and users agree that Town On Tap retains all rights, title, and interest in its technology, services, and intellectual property. No party may reproduce, distribute, modify, or create derivative works of Town On Tap content or technology without prior written consent.

(D) MISCELLANEOUS

Town On Tap reserves the right, in its sole discretion, to:

a) Remove an advertiser’s listing or cancel an account for any reason;

b) Change listing fees or procedures;

c) Alter content or features of the platform; or

d) Discontinue the app or website entirely.

PLEASE TAKE NOTE: Payment of a listing fee does not guarantee permanent inclusion on the platform.

This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to conflict of law principles. It constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral. All waivers by Town On Tap must be made expressly in writing.

If any provision of this Agreement is found to be invalid or unenforceable, it shall be modified to reflect the parties’ intent, and the remaining provisions shall remain in full force and effect.

Copyright © 2021 Town On Tap App & Website — All Rights Reserved.