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Top Fishing Destinations: Terms of Service

Last Updated: May 6, 2025

Welcome to Top Fishing Destinations (PTY) LTD ("the Platform"), a service provided by Top Fishing Destinations. These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and any other services we provide (collectively, the "Services").

By accessing or using our Services, whether as a guest browsing the Platform, a registered user (Host, Guest, Guide or Charter), or otherwise, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

  • • These Terms constitute a legally binding agreement between you and Top Fishing Destinations.
  • • By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific features or services offered on the Platform (collectively, the "Agreements").
  • • If you do not agree to these Terms, you may not access or use the Services.

2. Use of the Services

  • • The Services are intended to provide a platform for connecting anglers with accommodation providers ("Hosts") and fishing guides ("Guides") in, South Africa, and other locations in the future.
  • • You may use the Services only in compliance with these Terms and all applicable local, national, and international laws, rules, and regulations.
  • • You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Services.
  • • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • • You must be of legal age in your jurisdiction to use certain features of the Services, such as booking or listing accommodations or charter services.

3. User Accounts

  • • To access certain features of the Services, you may be required to create an account.
  • • You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • • You are solely responsible for the security of your account and password. You agree to notify us immediately of any unauthorized access to or use of your account.
  • • We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to a violation of these Terms.

4. Listings (Accommodations, Charters and Guides)

  • • Hosts: If you choose to list your accommodation on the Platform, you agree to comply with our Accommodation Listing Terms and Conditions. You are solely responsible for the accuracy, completeness, and legality of your listings.
  • • Charter Operators: If you choose to list your fishing charter services on the Platform, you agree to comply with our Charter Operators Terms and Conditions to provide accurate and complete information about your services, pricing, and qualifications. You are responsible for complying with all applicable laws and regulations related to operating a charter business.
  • • Guides: If you choose to list your fishing guide services on the Platform, you agree to comply with our Guides Terms and Conditions, to provide accurate and complete information about your expertise, pricing, and qualifications. You are responsible for complying with all applicable laws and regulations related to providing guiding services.
  • • Top Fishing Destinations does not endorse any particular listing or guarantee the quality, safety, or legality of any accommodation, charter, or guide service offered on the Platform. Users are responsible for conducting their own due diligence.

5. Booking and Payments

  • • Guests: When you book accommodation, charter or guide through the Platform, you agree to pay all applicable fees, including the listing price, service fees, and any other charges specified by the Host, Guide or Charter Operator.
  • • Payments will be processed through our third-party payment processor. You agree to abide by the terms and conditions of our payment processor.
  • • Top Fishing Destinations may act as a limited payment collection agent for Hosts, Guides and Charter Operators for the purpose of accepting payments from Guests. In this role, our responsibility is limited to facilitating the payment transaction.
  • • Hosts, Guides and Charter Operators are solely responsible for providing the booked services and accommodations as described in their listings.
  • • Cancellation policies are set by the Host or Charter Operator and will be displayed at the time of booking. Guests are responsible for reviewing and understanding these policies before making a booking. Refunds, if any, will be processed according to the applicable cancellation policy.

6. User Content

• The Platform may allow users to submit, upload, publish, or otherwise make available content, including but not limited to reviews, ratings, messages, photos, and videos ("User Content").

• You retain all rights in and are solely responsible for the User Content you make available through the Services.

• By making any User Content available through the Services, you grant to Top Fishing Destinations a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Top Fishing Destination's business, and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

• You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents, and releases that are necessary to grant to Top Fishing Destinations the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or Top Fishing Destinations's use of the User Content (or any portion thereof) will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

• You agree not to post any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, infringing, or otherwise objectionable.

• Top Fishing Destinations reserves the right to remove or disable access to any User Content that we determine, in our sole discretion, violates these Terms or is otherwise harmful to the Services or our community.

7. Reviews and Ratings

  • • Guests may leave reviews and ratings for accommodations, charters, and guides they have experienced through the Platform.
  • • Reviews and ratings reflect the opinions of individual users and do not reflect the opinions of Top Fishing Destinations.
  • • Top Fishing Destinations is not responsible for the accuracy or content of reviews and ratings.
  • • You agree to provide honest and constructive feedback in your reviews and ratings.
  • • You agree not to manipulate or incentivize reviews in any way.
  • • Top Fishing Destinations reserves the right to remove reviews that violate our review guidelines.

8. Intellectual Property

  • • The Services and their original content, features, and functionality (including but not limited to text, graphics, logos, images, software, and code) are and will remain the exclusive property of Top Fishing Destinations and its licensors.
  • • You may not use our trademarks, logos, or other proprietary information without our express written consent.
  • • You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or business (as a Host, Guide or Charter) use, subject to these Terms.

9. Third-Party Links and Services

  • • The Services may contain links to third-party websites or services that are not owned or controlled by Top Fishing Destinations.
  • • We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
  • • You acknowledge and agree that Top Fishing Destinations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

10. Disclaimer of Warranties

• THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

• TOP FISHING DESTINATIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT LISTINGS, BOOKINGS, OR COMMUNICATIONS WILL BE TIMELY OR RELIABLE.

• YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TOP FISHING DESTINATIONS DISCLAIMS ANY LIABILITY FOR THE CONDUCT OF HOSTS, GUESTS, GUIDES, OR OTHER USERS OF THE PLATFORM.

11. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOP FISHING DESTINATIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, OR ANY BOOKING OR TRANSACTION ENTERED INTO THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF TOP FISHING DESTINATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TOP FISHING DESTINATIONS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO TOP FISHING DESTINATIONS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED SOUTH AFRICAN RAND (ZAR 100).

12. Indemnification

You agree to indemnify and hold harmless Top Fishing Destinations, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Services; (b) your User Content; (c) your interaction with any other user of the Services; (d) your breach of these Terms; or (e) your violation of any applicable laws or regulations.

13. Governing Law and Dispute Resolution

  • • These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
  • • Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

14. Amendments

Top Fishing Destinations reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Platform or by other reasonable means. Your continued access to or use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other applicable terms and conditions referenced herein, constitute the entire agreement between you and Top Fishing Destinations regarding your access to and use of the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

16. Contact Us

If you have any questions about these Terms or the Services, please contact us at:

Admin@topfishingdestinations.com