Terms & Conditions

... a few things we thing you should know ...

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS, RESTAURANTS, BARS, PUBS, CLUBS, GIGS AND OTHER VENUES THAT ACCESS THE WHERE2TONIGHT WEB SITE AND ALL ITS DOMAIN ALIASES.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE WHERE2TINIGHT WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

THE USER, AS DEFINED IN ‘DEFINITIONS AND INTERPRETATION’, MAY NOT ACCESS, DISPLAY, USE, DOWNLOAD, AND/OR OTHERWISE COPY OR DISTRIBUTE ANY CONTENT OBTAINED ON THE WEBSITE FOR MARKETING AND/OR OTHER PURPOSES WITHOUT THE WRITTEN CONSENT OF THE PROVIDER.

DEFINITIONS AND INTERPRETATION

1. “The Good Times Guide” means the The Good Times Guide web site located at www.where2tonight.co.za and includes any part or element thereof;
2. “User” means any person, restaurant, bar, pub, club, gig or other venue, notwithstanding the fact that said person, restaurant, bar, pub, club, gig or other venue only visited the home page of the The Good Times Guide web site;
3. “Venue” means any restaurants, bars, pubs, clubs, gigs or other venues;
4. “Provider” refers to The Good Times Guide Online CC, associated with Netrenz Internet Solutions and Wycliffe Global Business Solutions (Pty) Ltd;
5. “The/this agreement” means these terms and conditions of use and all other terms and conditions, which the Provider may, from time to time, impose in respect of the service, as amended and updated from time to time;
6. “effective date” means the date on which the Provider uploads your details on the website;
7. “service(s)” means the service described in 1.1 below and any other service what you may subscribe to or which may form part of that which the Provider may offer from time to time;
8. “membership fee” means the fee provided for in 6 below, as set out in the Provider’s standard price list which may be updated from time to time;
9. “the content” means but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs;
10. “the owners” refers to the Provider, its affiliates or subsidiaries, or any other third party;
11. “personal information” shall be that as defined in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000.act2.pdf;
12. References herein to the singular includes the plural and vice versa.

1. INTRODUCTION
   1. The Good Times Guide offers access to its website, on a non-subscription basis, to venues that wish to advertise their business. These free services include (but are not limited to):
      1. Venue listings;
      2. WAP/Mobile listings;
   2. Certain additional aspects of the site are sold by where2tonight on a subscription basis. These features include (but are not limited to):
      1. Banner advertising;
      2. Newsletter advertising;
      3. Special promotions;
   3. Users are required to register (subscribe) and receive confirmatory e-mail messages for access to certain pages or services on the The Good Times Guide web site.
   4. When the User subscribes for the service, the Provider will issue the User with a username and password. By using the username and password to access the service and/or by using the service, the User will be signifying his/her acceptance of these terms and conditions of use, which will form a binding agreement between the User and the Provider.


2. CONDITIONS OF ACCESS AND USE
   1. The Provider hereby, with effect from the effective date, grants the user access to and use of the service as stated in the terms and conditions of this agreement.
   2. The User hereby acknowledge receipt of such access and use and agree that:
      1. The User will use his/her username and password for his/her own personal use only;
      2. The User will not disclose his/her username and password to any other person for any reason whatsoever and shall at all times maintain the confidentiality thereof;
      3. In the event that the Users password is compromised, he/she will immediately notify the Provider thereof and undertake to change the said password;
      4. The User is solely responsible for all payments charged for the service(s) provided to him/her by the Provider and the entire amount outstanding on his/her account shall be deemed to result from (or relate to) his/her use of the service;
   3. If any User uses content from the The Good Times Guide web site in breach of the provisions detailed herein:
      1. The Good Times Guide reserves the right to claim damages from the User;
      2. The Good Times Guide reserves the right to institute criminal proceedings against the User;
      3. The Good Times Guide shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
   4. Hyperlinks to the The Good Times Guide web site from any other source shall be directed at the home page of The Good Times Guide web site. The Good Times Guide shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the The Good Times Guide web site, if such content was accessed through a hyperlink not directed at the homepage of the The Good Times Guide web site. Persons and/or Users who wish to link to content beyond the home page of the The Good Times Guide web site shall do so at their own risk and indemnify The Good Times Guide against loss, liability or damage that may result from the use of content from the The Good Times Guide web site, if such content was accessed through a hyperlink not directed at the home page of the The Good Times Guide web site.
   5. All permissions granted in terms of this agreement are provided on a non-exclusive and non-transferrable basis and may be terminated or cancelled by The Good Times Guide at any time without giving reasons therefore.


3. SERVICE AVAILABILITY
   1. The Provider will use all reasonable endeavours to make the service available to the User and keep the service available at all times. However, the User agrees that the Provider shall not be liable in respect of any loss or damage occasioned or arising from the unavailability of, and interruption in or use of the service for any reason whatsoever. This exclusion of liability of the Provider for loss or damage will include (but is not limited to):
      1. Losses caused by negligent acts of the Provider and any acts of the Providers employees;
      2. Any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;
      3. Any loss regardless of whether a claim for loss is based on breach of contract, delict, breach of implied warranties or otherwise; and
      4. Any loss whether it could have been foreseen or not.
   2. The Provider will use its best endeavours to notify the User of any maintenance and repairs, which may result in the service being unavailable, but does not warrant or otherwise contractually undertake that such notice will be given.
   3. The Provider will use reasonable endeavours to ensure the safekeeping of any data, which the User may upload to the Providers servers from time to time, such as (without being limited to) photographs, websites, videos and e-mail messages (hereinafter collectively referred to as “the User’s data”). However, it is the User’s obligation to keep copies of his/her data, as:
      1. The Provider will not be held liable for any direct or indirect loss or damages of any kind, which the User may suffer as a result of the loss of his/her data, or any part thereof, for any reason whatsoever (including as a result of our negligence); and
      2. The Provider will delete all of the unnecessary User data from his servers when the User subscription is terminated.


4. COMMUNICATION
   1. The User hereby agrees that the Provider may from time to time, regarding (without being limited to) cost increases, operational changes that may affect the service and/or new services launched by the Provider from time to time.


5. PAYMENT
   1. The monthly cost to the User shall be as follows:
      SERVICE MONTHLY FEE
      1. Website Listing - Free
      2. WAP / Mobile site - Free
      3. Banner Advertising - Price will be quoted
      4. Newsletter Advertising - Price will be quoted
      5. Text Advertising - Price will be quoted
   2. The User will confirm in writing with the Provider the combination of the above services which he/she wants to make use of on a monthly basis.
   3. The User agrees to pay all amounts due under these terms and conditions.
   4. The Provider will only invoice the User prior to the Provider Rendering the service to the User provided the service is that of banner advertising and/or text advertising and/or newsletter advertising campaigns and so forth. The Provider undertakes to render the aforementioned services only once payment has been made by the User to the Provider as may be agreed to between the parties
   5. The service fees and all other amounts payable in terms hereof shall be paid free of exchange and without deduction or set-off by way of a direct debit order (drawn against the current banking account nominated by the User) in favour of the Provider, or in such other manner as the Provider may from time to time determine. The User agrees that by furnishing his/her bank details, he/she instructs and authorises the Provider to draw all amounts payable in terms of this agreement from the account specified (or any other bank or branch to which it may be transferred), commencing on the effective date and continuing until termination of this agreement. Should the Provider require the User to, he/she shall agree to sign all such forms and do all such things as may be necessary to give effect hereto.
   6. Should the User fail to pay any amount on the due date for payment, to the Provider, then, without prejudice to any other rights the Provider may have, the Provider may:
      1. Reserve the right to charge interest at the rate of 2% above the prime overdraft rate of the Provider’s bankers from time to time on the overdue amount, calculated from the due date until the date of payment (both days inclusive), which charge, will be capitalised monthly;
      2. Be entitled to take further steps as may be necessary to recover the outstanding amount from the User, in which event the User agrees to pay all costs associated with such recovery on an attorney and own client basis;
      3. Be entitled to, without notice, suspend the User’s access to the website until such time as the outstanding amount has been paid in full; and/or
      4. Be entitled to terminate this agreement with immediate effect.
   7. The Provider shall, in its sole discretion, be entitled to increase or decrease the membership fee at any time. The Provider undertakes to give the User at least 30 days written notice of any such increase or decrease. Should the amended fee be unacceptable to the User, he/she may terminate this agreement in accordance with 22 below, failing which the amended fee shall take effect on the date indicated in the written notice.
   8. The User may not withhold payment of any amount due to the Provider in terms of this agreement by reason of any alleged breach of this agreement by the Provider, nor will the User be entitled to any discount, refund or other credit under any circumstances.


6. SECURITY
   1. The Good Times Guide shall take all reasonable steps to secure the content of the The Good Times Guide web site and the information provided and collected from Users from unauthorised access and/or disclosure. However, The Good Times Guide does not make any warranties or representations that content shall be 100% safe and secure.
   2. The Good Times Guide is under no legal duty to encrypt any content or communications from and to the The Good Times Guide web site and is also under no legal duty to provide digital authentication of any page on the The Good Times Guide website.
   3. Users may not deliver or attempt to deliver, whether on purpose of negligently, any damaging code, such as computer viruses, to the The Good Times Guide web site or the server and computer network that supports the The Good Times Guide web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the The Good Times Guide web site, whether on purpose or negligently, shall, without limitation, indemnify and hold The Good Times Guide harmless against any and all liability, damages and losses The Good Times Guide and its partners/affiliates may suffer as a result of such damaging code.
   4. Users may not develop, distribute or use any device to breach or overcome the security measures of the The Good Times Guide web site services and the Provider reserves the right to claim damages from any and all persons concerned with a security failure or breach.
   5. The User may not utilise the website in any manner which may compromise the security thereof or tamper with the website in any manner whatsoever.


7. ELECTRONIC COMMUNICATIONS
   1. By using the The Good Times Guide web site or communicating with the Provider by electronic means, the User consents and acknowledges that any and/or all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.


8. UPDATING OF THESE TERMS AND CONDITIONS
   1. The Provider reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
      1. change, modify, add to or remove from portions or the whole of these Terms and Conditions;
      2. change the content and/or services available from the The Good Times Guide web site; and/or
      3. discontinue any aspect of the The Good Times Guide web site or service(s) available from the The Good Times Guide web site.
   2. Changes to these Terms and Conditions will become effective upon such changes being posted to the The Good Times Guide web site. It is the User’s obligation to periodically check these Terms and Conditions at the The Good Times Guide web site for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound to these Terms and Conditions, including such changes or updates. The Provider may in any event advise of any changes, modifications, additions to or removals from the Terms and Conditions in the monthly newsletter.


9. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
   1. The Provider provides certain information at the The Good Times Guide web site. Content currently or anticipated to be displayed at the The Good Times Guide web site in the future is, provided by Provider, its affiliates and/or subsidiaries, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are the copyright of the Provider, its affiliates or subsidiaries, or any other third party owner of such rights (“the Owners”), and is protected by South African and International copyright laws.
   2. The Providers reserve the right to make any changes to the The Good Times Guide web site, the Content, or to products and/or services offered through the The Good Times Guide web site at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.


10. LIMITED LICENSE TO GENERAL USERS
    1. The Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content for personal, non-commercial and information purposes only.
    2. The The Good Times Guide web site and the content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider.
    3. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of the The Good Times Guide web site or the content for the benefit of another merchant.
    4. The User may not frame nor use framing technologies to enclose the Provider, The Good Times Guide web site or the content nor any part thereof without the prior express written consent of the Provider.
    5. The Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
    6. Any unauthorised use terminates this license.


11. DISCLAIMER AND LIMITATION OF LIABILITY
    1. The Good Times Guide (including the Provider, its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
       1. access to the The Good Times Guide web site;
       2. access to web sites linked to the The Good Times Guide web site;
       3. inability to access the The Good Times Guide web site;
       4. inability to access web sites linked to the The Good Times Guide web site;
       5. content available on the The Good Times Guide web site;
       6. services available from the The Good Times Guide web site;
       7. any other reason not related to The Good Times Guide’s gross negligence.
    2. The The Good Times Guide web site and all Content on it, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider, nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.


12. INDEMNITY
    1. The User hereby unconditionally and irrevocably indemnifies the Provider and agrees to hold the Provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Provider or instituted against the Provider as a direct or indirect result of:
       1. The Users use of the website;
       2. The Users failure to comply with any provision of this agreement or any other requirements which the Provider may impose from time to time; and
       3. Any unavailability of, or interruption in, the The Good Times Guide web site as contemplated in 3.a above.


13. BREACH
    1. Should the User be in breach of any provision of this agreement, then the Provider shall be entitled, without any prejudice to any other rights it may have and without prior notice to you, to forthwith:
       1. Claim immediate payment of all outstanding amounts payable in terms of this agreement;
       2. Suspend the Users access to the services; and/or
       3. Terminate this agreement, retain all amounts already paid by the User and recover all costs incurred by the Provider, including (without being limit to) legal costs on an attorney and own client basis.
    
    
14. CERTIFICATE OF INDEBTEDNESS
    1. Should any legal action be taken by or against the Provider, the amounts due and payable by the User to the Provider in terms of this agreement, at any time, shall be determined and proved by a certificate signed by one of the Provider’s managing members, whose appointment, qualification and authority need not be proved.
    2. Such certificate shall be deemed to be a liquid document for purpose of obtaining summary judgment, provisional sentence and/or any other judgment against the User.


15. CESSION AND DELEGATION
    1. The User may not cede any of his/her rights or delegate any of his/her obligations under this agreement without the Provider’s prior express written consent.
    2. The Provider shall be entitled, in its sole discretion and without notice to the User, to cede and transfer or delegate to any third party all or any of its rights or obligations under this agreement.


16. BUSINESS TRANSFERS
    1. In all future cases in which the The Good Times Guide web site may be sold along with its assets, or other transactions may occur in which customer information is one of the business assets to be transferred, the customer information, which the Provider has gathered, may be one of the business assets the Provider may transfer.


17. JURISDICTION
    1. The The Good Times Guide web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the The Good Times Guide web site, its contents, services and these terms and conditions.
    2. The User hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by the Provider arising out of this agreement, provided that the Provider shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the User consents to the jurisdiction of such court and agrees that costs shall be calculated on the scale as between attorney and own client.


18. DURATION
    1. This agreement will commence on the effective date and will endure for an indefinite period, subject to the right of either party to terminate this agreement at any time by means of 1 (one) calendar month prior written notice to such effect to the other party. Upon termination of this agreement, any outstanding amounts remain payable and have to be paid in full within 30 days of termination.


19. DOMICILIUM CITANDI ET EXECUTANDI
    1. The User agrees that any notices the Provider sends to him/her in terms of this agreement, may be sent via e-mail to his/her registered e-mail address. It is therefore his/her responsibility to ensure that his/her contact details are updated at all times, more specifically any of his/her contact details which the Provider or potential users may use to contact him/her.
    2. The User shall be responsible for the updating of his/her details and/or information on the website, however, if the User requests the Provider to update any of his/her details and/or information, which the User is able to do without the Provider’s assistance, the Provider shall in these circumstances be entitled to charge an hourly fee of R150.00 per hour for attending to the updating of the Users details and/or information on his/her behalf.


20. PRIVACY
    1. The Good Times Guide shall take all reasonable steps to protect the personal information of Users.
    2. The Good Times Guide may electronically collect, store and use the following personal information:
       1. name and surname;
       2. birth date;
       3. gender;
       4. address;
       5. contact numbers;
       6. e-mail address;
       7. User selected password.
    3. The Good Times Guide collects, stores and uses the abovementioned information for the following purposes:
       1. providing support and services to the User;
       2. subject to the User’s consent, inform the User of facts relating to his/her access and use of the The Good Times Guide web site; and
       3. subject to the User’s consent, inform the User of competitions and special offers from The Good Times Guide and/or its partners/affiliates.
    4. Casual surfing:
       1. The User may visit the The Good Times Guide web site without providing any personal information. The The Good Times Guide web site servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the The Good Times Guide web site, pages viewed, etc. The Provider uses this information to determine use of the The Good Times Guide web site, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.


21. DISCLOSURE FOR LEGAL PURPOSES
    1. The law requires that the Provider may be required to share the Users personal information and non-personal information pursuant to judicial or governmental subpoenas, warrants or orders. If the Provider is required to do so, the Provider will, of course, obey the law. In addition, notwithstanding any terms to the contrary in these Terms and Conditions, the Provider reserves the right to use, disclose and share the Users personal and non-personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this website’s terms and conditions, or as otherwise required by law.


22. TERMINATION AND VARIATION OF SERVICES
    1. The Provider may change, suspend or discontinue any aspect of the The Good Times Guide web site at any time, including the availability of any Where2tonght web site feature, database, or content. The Provider may also impose limits on certain features and services or restrict the Users access to parts or the entire The Good Times Guide web site without notice or liability.


23. HYPERLINKS TO THIRD PARTIES
    1. The Good Times Guide may provide hyperlinks to web sites not controlled by The Good Times Guide (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. The Good Times Guide does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.


24. LEGAL COSTS
    1. The Good Times Guide shall not be held liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.


25. ENTIRE AGREEMENT AND SEVERABILITY
    1. These terms and conditions constitute the entire agreement between The Good Times Guide and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by The Good Times Guide from the User.
    2. No indulgence, leniency or extension of time, which the Provider may grant or show to the User shall in any way, prejudice the Provider or preclude the Provider from exercising any of its rights in the future.
    3. Any failure by The Good Times Guide to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
    4. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severed from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
    5. You warrant that as at the effective date, all details furnished by you to the Provider are true and correct and that you will notify the Provider forthwith in the event of any changes to such details.