LIVLIFEBIGGER EXPERIENCES
TERMS OF SERVICE
Publication Date: June 6th, 2025
This document sets out the Terms and Conditions of the Company pertaining to the access and use of the Content, information, products, services, and functions provided on the Website By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out herein. If the User does not wish to be bound by the Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute the Content or the Website.
1 INTERPRETATION
1.1 In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context –
1.1.1 “Business Day” means any day which is not a Saturday, Sunday, or a South African public holiday;
1.1.2 “Company” means LivLifeBigger Experiences Proprietary Limited, registration number 2025/202327/07, a private company with limited liability duly incorporated in accordance with the laws of the Republic of South Africa;
1.1.3 “Content” means any and all content displayed on the Website, on the Online Profiles at any given time, or shared with the User pursuant to a request via the Website, and shall include (but shall not be limited to) confidential information, client lists, literary works, marketing and business information, musical works, artistic works, sound recordings, cinematograph films, sounds and television broadcasts, program-carrying signals, itineraries, proprietary works, published editions and computer programs, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations and software;
1.1.4 “Intellectual Property” means rights in and in relation to any patent, design, trade mark, trade or business name (including all goodwill associated with any trade mark, or any trade or business name), rights in get-up, copyright (including rights to derivative works), database, domain name, circuit, design, and/or utility model, and including in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world, registered or unregistered;
1.1.5 “Online Profiles” means the Company’s social media and other profiles (including but not limited to its Facebook page, Instagram account, TikTok account, Twitter feed), and Content thereon;
1.1.6 “Owner(s)” means the Company or any third-party owner(s), as the case may be, of the proprietary rights in and to the Content;
1.1.7 “Terms and Conditions” means the terms and conditions applicable to the use of the Website as set out herein, which is constituted of these terms and conditions and the privacy policy attached as Annexure A, as amended from time to time;
1.1.8 “User(s)” means any person or entity using the Website; and
1.1.9 “Website” means the website owned and maintained by the Company, or through which the Company makes information relating to its events and services available to Users, including but not limited to the website located at the domain name https://www.livlifebiggerexperiences.com/ and any Online Profiles operated by or on behalf of the Company in the future, including the Content thereon.
1.2 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of these Terms and Conditions shall not apply.
1.3 These Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
1.4 Expressions defined in these Terms and Conditions shall bear the same meanings in any annexure hereto which does not contain its own definitions.
2 CONTENT
The Company reserves the right to –
2.1 refuse services, suspend or terminate a User’s access to the Website, and remove or edit the Content at its sole discretion;
2.2 claim damages from any User who does not comply with these Terms and Conditions;
2.3 make improvements, change, or discontinue, without notice, any aspect or feature of the Website and Content;
2.4 change and amend the products, prices, and rates quoted on the Website, from time to time without notice to the Users; and
2.5 use the services of third parties to provide information on the Website.
3 USAGE RESTRICTIONS
The User hereby agrees that it will not itself, nor through a third party –
3.1 should the User be a minor (i.e. under the age of 18), be entitled to respond to or otherwise accept or act upon any invitations to do business on the Website;
3.2 use the Website for any purposes other than in respect of obtaining further information in respect of the Company, its offerings, or its affiliates;
3.3 use the Website or any of the Content for or in conjunction with any illegal, unlawful, or immoral purpose or as prohibited by the provisions hereof;
3.4 use the Website for any purpose other than personal, non-commercial, and information purposes;
3.5 engage in any activity intended to entice, solicit or otherwise recruit Users to join an organisation, except where such activities are expressly authorised in writing by the Company;
3.6 take action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent the User’s affiliation to any person, or otherwise manipulate or disguise the origin of anything posted or transmitted electronically to the Company, whether on or through its Website, or otherwise;
3.7 modify, access, or make available any Content other than as made available by the Company;
3.8 remove any identification, trademark, copyright or other notice from the Website;
3.9 violate the privacy of any person, or attempt to gain unauthorised access to the memberships and/or services rendered by the Company;
3.10 use, copy, adapt, redistribute or modify the Content or any part thereof or frame, "mirror", data-mine (by way of but not limited to, robots, crawlers or other similar programs) or cache the Website or reverse engineer, copy, modify, re-distribute, decompile, or create a derivative work of the Website or the Company’s software, or any part thereof;
3.11 use the Website in a manner that may infringe the intellectual property rights or other proprietary rights of others, including the transmission of pirated software;
3.12 use the Website in any manner which could damage, impair, overburden, or disable the Website or interfere with any User’s use or enjoyment of the Website;
3.13 use the Website to transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
3.14 use the Website or Online Profiles to post or transmit, by means of listings, reviews, comments, suggestions, ideas, question, or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexuality explicit, or which carries child pornography, religious or racial slurs, which can be construed as racially, ethnically, or otherwise objectionable in any way, or threatens or encourages bodily harm or the like, or which may violate any person’s personality rights;
3.15 frame, nor use framing technologies to enclose the Website, without the express written consent of the Company (and the Owner where applicable); and
3.16 gather electronic mail addresses and/or names for commercial, political, charity or like purposes or collect or attempt to collect personal information about third parties without their knowledge or consent.
4 LINKED SITES
4.1 The Website may contain links to other websites that are not controlled or maintained by the Company.
4.2 While the Company attempts to include only links to those sites which are in good taste and safe for Users, the User agrees that the Company will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites.
4.3 The use of linked websites is at the User’s own risk. The Company encourages all Users to read the terms of use of such other websites. Any inclusion of such links on the Website does however not imply the Company’s endorsement of the linked site nor the content thereof.
4.4 The Company reserves the right to disable links from third party sites to the Website, and vice versa.
5 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
5.1 The Content is provided by the Owners.
5.2 All right title and interest in and to the Content vests with the Owners or their licensors. Nothing in these Terms and Conditions shall be construed as granting a User any right, title, or interest in the Content, other than to use the Content in accordance with these Terms and Conditions.
5.3 Except as specifically provided herein or elsewhere on the Website, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity.
5.4 The Company reserves the right (at its sole discretion) to make changes to the Website, or to products, itineraries, or services offered by it at any time, with or without notice to the User.
5.5 No User may add, delete, distort, or otherwise modify the Content. Any unauthorised attempt to modify any Content, to defeat or circumvent the Company’s security features, or to utilise the Website for any purpose other than its intended purpose is strictly prohibited.
6 LIMITATION OF LIABILITY AND DISCLAIMERS
6.1 The Company does not warrant that the Website, Content, information, or downloads shall be error-free or that they shall meet any particular criteria, performance, or quality. The Company expressly disclaims all implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
6.2 Subject to section 43(5) and 43(6) of the Electronic Communications and Transactions Act No. 25 of 2002 (“ECTA”), if applicable, and to the extent permitted by law, the Content, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors, and the Company shall not be held liable for any damage, loss or liability of any nature whatsoever, howsoever caused.
6.3 The Company makes no warranties or representations as to the availability, accuracy or completeness of the Website, or any third-party content accessible via the Website.
6.4 The Company shall not be held liable or responsible for any direct or indirect, special, consequential, or other damage of any kind whatsoever suffered or incurred by the User, related to the use of, or the inability to access or use, or reliance on the Website or the Content or any functionality thereof, or of any linked website, including any claims arising from negligence.
6.5 The User indemnifies, holds harmless and expressly exempts and releases the Company from any and all liabilities and claims arising from any cause whatsoever, including those related (whether directly or indirectly) to the use of the Website.
6.6 The User waives and abandons any and all liabilities and claims of any nature whatsoever, howsoever arising, which he might have against the Company, and releases the Company from/against any and all liability and claims that may arise or accrue to the User.
6.7 The use of the Content is at the User’s sole risk.
6.8 The Company shall not be held liable for any errors or omissions in any of its promotional material, publications and documentations (including any such material, information, publications and documentation made available in digital or electronic media format).
6.9 The prices of products and services may vary from the prices displayed on the Website. The Company will aim to keep the prices current and updated but cannot guarantee that the prices displayed on the Website are always correct.
7 NON-ENDORSEMENT
Reference to any specific company, products, processes, or services by trade name, trademark, manufacturer, or otherwise on the Website does not necessarily constitute or imply its endorsement, recommendation, or favouring by the Company.
8 ACCESS TO AND USE OF INFORMATION
8.1 It is possible for internet-based communications to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Email is vulnerable to interception and forging.
8.2 All credit card and debit order information obtained by the Company will be used for billing purposes only and will otherwise be kept strictly confidential.
8.3 To ensure acquaintance with and awareness of the privacy measures and policies of the Company, the User is urged to read and understand the underlying privacy clauses attached as Annexure A to these Terms and Conditions.
9 GENERAL
The Company makes no representation that the Website and the Content thereon are appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. If the User accesses the Website from locations outside of the Republic of South Africa, that User is responsible for compliance with all such local laws.
10 DISPUTE RESOLUTION
10.1 The Company may demand that a dispute be determined in terms of this clause 10 by written notice given to the other Party in accordance with the Expedited Rules (“Rules”) of the Arbitration Foundation of Southern Africa (“AFSA”).
10.2 This clause shall not prevent any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction, pending the decision of an arbitrator.
10.3 The arbitration shall be held –
10.3.1 at Cape Town, in English in front of a single arbitrator;
10.3.2 with only the legal and other representatives of the parties to the dispute present thereat; and
10.3.3 otherwise in terms of the Arbitration Act No. 42 of 1965 (“Arbitration Act”), unless otherwise provided for herein.
10.4 The arbitrator shall be a practising advocate of the Cape Bar of at least ten years’ standing, appointed by agreement between the parties to the dispute. Should the parties fail to agree on an arbitrator within 14 days after the giving of notice in terms of clause 10.1, the arbitrator shall be appointed by the Cape Town Secretariat of AFSA at the request of any party to the dispute.
10.5 The decision of the arbitrator shall be final and binding on the parties to the dispute and may be made an order of the court, at the instance of any of the parties to the dispute. The parties hereby consent to the jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town in respect of such proceedings.
10.6 The Parties agree to keep the arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
11 CONTACT DETAILS
In accordance with the disclosure requirements of ECTA and the Promotion of Access to Information Act 2 of 2000, the Company makes the following information available to the User –
11.1 Full name: LivLifeBigger Experiences Proprietary Limited
11.2 Legal status: Private Company
11.3 Physical Address: 6 Dhow Street, Sun Valley, Fish Hoek, Western Cape, 7975
11.4 Website Address: https://www.livlifebiggerexperiences.com/
11.5 Email address: liv@livlifebiggerexperiences.com
11.6 Description of the main characteristics of the goods or services offered by the Company: travel agency, tour guide, consultancy, coaching, itinerary support, travel logistics co-ordination, and ancillary services.
12 BREACH & TERMINATION
Failure to comply with these Terms and Conditions constitutes a material breach upon which the User is permitted to use the Website, and may result in the Company taking all or any of the following actions –
12.1 immediate, temporary or permanent withdrawal of the User’s right to use the Website;
12.2 immediate, temporary or permanent removal of any Content uploaded by the User to the Website;
12.3 issue a warning to the User;
12.4 obtain an order against the User for specific performance, with or without claiming damages;
12.5 claim such damages as it may have suffered in lieu of specific performance together with all amounts owing under or in terms of this Privacy Policy; and/or
12.6 disclosure of such information to law enforcement authorities, as deemed necessary in the Company’s sole discretion.
13 AMENDMENT OF THE TERMS AND CONDITIONS
13.1 The Company reserves the right to, at its sole discretion, amend, modify, add to or remove any provisions (in whole or in part) of the Terms and Conditions from time to time.
13.2 Any changes to these Terms and Conditions will become effective upon such changes being posted on the Website.
13.3 The onus rests on the User to periodically check the Terms and Conditions on the Website for any changes or updates therein contained.
13.4 The User’s continued use of the Website following the posting of any amendments by the Company shall be considered notice of the User’s acceptance to abide by, and be bound by the Terms and Conditions, including any amendments hereto.