Terms of Service
This Website is operated by Optima Management Services (Pty) Ltd t/a Optima Breaks.
The terms “we”, “us” and “our” refer to Optima Breaks, and the terms “you” and “your” refer to the users of the Website.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Optima Breaks offers this Website, including all information, product, and services available from this Website to you subject to your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting the Website and/or purchasing a product or service from the Website you have engaged in our “Service” and agree to be bound by all terms, conditions, policies, and notices stated herein, as well as any other terms, conditions, policies and notices made available by hyperlink on the website.
These Terms of Service apply to all users of the site including, but not limited to, users who are browsers, customers, members, suppliers, merchants, vendors and contributors of the Website content.
If you do not agree to any of the conditions of this agreement, then you may not access the Website or purchase any of the products or services made available to you by the Website.
The travel section (Hotels, Resorts, Flights, Car Rentals, Cruises, Activities) of the Website is hosted on Leisure Loyalty Inc and store section of the Website is hosted by the WordPress Foundation. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We reserve the right to cancel, limit or prohibit purchase from the Website that, in our sole judgment, appear to be placed by dealers, distributors or resellers. These restrictions may include purchase placed by or under the same account, purchases using the same credit card, and/or purchases that have the same billing/shipping address. In the event that we make a change to or cancel a purchase, we will notify you via the email address and/or cell phone number associated with your account.
In order to make any purchase from the Website you first need to be registered as a member (either free or paid) of the Website.
At the time of registration, you must provide a valid email address and cell phone number and create a member password. Your email address will serve as your username for the Website and various services provided by the Website. Your cell phone number will serve as your username for various other services provided by the Website. Your email address, cell phone number, and password are unique to you and are necessary to creating a membership on the Website. A particular email address or cell phone number can only be used once in connection with a single membership account.
Your personal information (not including credit card information), may be transferred unencrypted and involve transmissions over various networks, and may be altered to conform to the technical requirements of the various networks. Credit card information is always encrypted all will on be transferred to Optima Breaks nominated payment gateway.
You must be at least the age of majority in your country of residence to use this Website, or that you are the age of majority in your country of residence and you have explicitly consented to allow any of your minor dependents to use this Website;
You must be the holder of a valid credit card or debit card capable of performing online transactions or have the explicit consent from the holder of a valid credit card or debit card capable of performing online transactions, in order to use this Website.
You cannot have more than one membership account. Memberships can only be used by the member whose name is listed on the account. You are responsible for the activity of another person, regardless of relationship, using your membership account.
Your welcome email will have directions on how to activate your membership account.
A membership account will be set up to record each member’s (both free or paid) activity. We reserve the right to monitor all account activity. If your account shows signs of fraud, abuse or suspicious activity, your account may be immediately closed or frozen.
if there is any indication that your account has been the subject of any suspicious activity, please contact us immediately.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address, cell phone number, credit card number and credit card expiration date so that we can complete your transaction accurately and contact you as needed.
In the event that any portion of this agreement is held to be unlawful or unenforceable, such portion will be deemed deleted from this agreement in the applicable jurisdiction, and the remaining provisions will remain in force. All disputes which cannot be resolved between the parties, and causes of action arising out of, or connected with this agreement shall be resolved individually, without resort to any form of class action.
We reserve the right but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
These Terms of Service shall be construed in accordance with, and governed by, the laws of the Republic of South Africa and the State of Washington.
MODIFICATION OF TERMS OF SERVICE
Any new features or tools which are added to the Website shall also be subject to this agreement. We reserve the right to modify this agreement from time to time. It is your responsibility to check this agreement periodically for changes.
Modifications may be reviewed by clicking on the “Terms of Service” tab located in the footer of the Website. Any updated version of this agreement will supersede all previous versions of this agreement. By continuing to use the service after we post any such modifications, you accept this agreement, as modified. You agree to take responsibility for being aware of the current Terms of Service.
We reserve the right to modify, cancel, suspend or terminate the Program, the use of any supplier, the use of any service, and to change fees at any time, with or without notice to you.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products or services.
WARRANTIES AND GUARANTEES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We make no guarantees, warranties or representations, either expressed or implied, and expressly disclaim all liability (including inconsequential damages) with respect to type, quality, or fitness of products and service provided through the Website.
Suppliers are independent contractors and we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any supplier, or for personal injuries, death, property damage, or other damages or expenses resulting from the purchase and/or use of any of their products or services.
We, our affiliates, and our suppliers shall not be liable for any direct or indirect, punitive, incidental, special or consequential damages arising from, or connected with, the use of this Website or with the delay or inability to use this Website, or for any information etc. obtained through this Website.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We assume no responsibility for any verbal or written representation other than that contained in this agreement.
We will do everything in our power to provide accurate and up-to-date information on all products and services. However, we, and our affiliates, do not guarantee the accuracy of information and descriptions of products, hotels, resorts, airlines, cruises, cars or other products and/or services displayed on this Website (this includes, but not limited to, hotel amenities listed, photographs, product descriptions, etc.), or any generally information supplied by the respective suppliers.
From time to time our affiliates and supplier may make changes and/or improvements to the information on the Website (including by not limited to the description and price of products and services). The prices of products and services may also be subject to currency fluctuations, and there is no guarantee that the price of a particular product or service will remain unchanged for any particular period of time.
Occasionally there may be information on the Website or in the products or services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the products or service or on any related website is inaccurate at any time without prior notice (including after you have made your purchase).
We undertake no obligation to update, amend or clarify any information on any products or services, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the product or service, or on any related website, should be taken to indicate that all information in the product or service, or on any related website has been modified or updated.
We, our affiliates, and our suppliers do not guarantee the accuracy of hotel ratings; these are intended only as general guidelines.
The offering for sale of any products and services by us and affiliates does not constitute an endorsement or recommendation or that product or service.
OPTIONAL THIRD-PARTY TOOLS AND LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party suppliers.
Certain content, products, and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this agreement.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set herein, you are prohibited from using the Website or its content;
- for any unlawful purposes;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
We reserve the right to terminate your membership and/or use of the Website for violating any of the above-prohibited uses.
COPYRIGHT AND TRADEMARKS
The contents of this Website are the exclusive property of Optima Breaks and Leisure Loyalty and are used with express permission of these copyright/trademark owners. Any exploitation of the Website and/or its contents, including, but not limited to modifying, publishing, transmitting, the creation of derivative works, participating in the transfer or sale, is expressly prohibited. Any download, and/or saving of copyrighted material is for consumers personal use only.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Should we waive any breach by you of these Terms of Service it shall not be deemed a waiver of any other prior or subsequent breach of this agreement. Our failure to insist upon strict compliance with these Terms of Service by any user or member shall not be deemed a waiver of any rights or remedies that the Website or Program may have against that or any other user or member. If we waive any rights under this agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.
ACCEPTANCE OF TERMS OF SERVICE:
SELLER OF TRAVEL DISCLOSURES
Florida. Seller of Travel Ref. No. ST40079
California Seller of Travel#: 2122022-50
Washington Seller of Travel#: 603-326-747