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Terms and Conditions Index
Destinationcapetown CC (“Destinationcapetown”) – General Terms and
Conditions. Accessing this site demonstrates your acceptance of and
agreement to these Terms and Conditions.
These are
Terms and Conditions of Use (“Terms”) on which, along with our
Privacy Policy, we provide information and
services to anyone visiting the Destinationcapetown web site.
These Terms
and Conditions apply only to the Destinationcapetown web site and not to
the web sites of other companies or organisations that link through the
Destinationcapetown web site, which may have their own terms and
conditions that you must agree to separately.
Destinationcapetown Internet Site
The Destinationcapetown Internet site resides at
www.destinationcapetown.com and www.destinationcapetown.net.
Both addresses point to the same body of information and services which
the Terms cover.
Destinationcapetown reserves the right to modify or discontinue,
temporarily or permanently, the information and services provided (or
any part thereof) at any time, and from time to time, with or without
prior notice. Any person accessing this web site (“Visitors”) agree that
Destinationcapetown shall not be liable to Visitors or to any third
party for any suspension, modification, or termination of the
information and services provided on the Destinationcapetown Internet
site.
By visiting the Destinationcapetown Internet site and making use of the
information and services provided, you expressly understand and agree
that:
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The use
of the information and services provided by Destinationcapetown is
undertaken at your own risk;
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Information and services are provided on an “AS IS” and “AS
AVAILABLE” basis. Destinationcapetown expressly disclaims all
warranties, express or implied, including but not limited to:
fitness for a particular purpose, merchantability, accuracy or
completeness or fitness for any other nature;
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Destinationcapetown does not guarantee that the information will
suit your requirements, that the service as a whole or in part will
be available, timely, accurate, reliable, secure or free of errors;
and
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Destinationcapetown does not guarantee that the quality of products
or services or information subsequently acquired, commercially or
otherwise, through a connection to a supplier mentioned on
Destinationcapetown will meet your requirements or expectations, and
that by including the details of any supplier does not in any way
constitute a recommendation or endorsement of that supplier’s
products, services or information it provides.
Any material or software that you download from the Destinationcapetown
Internet site is done so at your sole discretion and risk, and that you
will be solely responsible for any damage or harm caused to your network
connection(s), computer or computer-related software and equipment,
system loss or data that results from your visit to Destinationcapetown
and/or the download of any data or information you made from the site.
No information or advice, whether it is given orally or in written form,
virtually of physically, by any means of communication, virtual or
actual, from the Destinationcapetown website, Destinationcapetown’s
subsidiaries, affiliates, officers, directors, agents, partners, and
employees shall create any warranty not expressly stated in these Terms.
Information
In providing the Information published on Destinationcapetown, we try to
ensure that it is as accurate and up-to-date as possible for the benefit
of our Visitors. Information may change from time to time without our
knowledge, although Information is provided in good faith, it is
provided on an “AS IS” basis for general information only and should not
be relied upon. As such, no representations of warranties, either
expressed or implied, of fitness for a particular purpose,
merchantability, accuracy or completeness or any other nature is made in
respect to the information provided.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.
DESTINATIONCAPETOWN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR
INFORMATION SHALL BE AT YOUR SOLE RISK. DESTINATIONCAPETOWN RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY
PORTION OF THE SITE. DESTINATIONCAPETOWN MAY MAKE ANY OTHER CHANGES TO
THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES
(IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE
INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE
ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
Links
Destinationcapetown may provide links to other Internet sites or
resources. Destinationcapetown has no responsibility over such sites and
resources, and you acknowledge and agree that Destinationcapetown is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, services or other materials on or available from
such sites or resources. You further acknowledge and agree that
Destinationcapetown 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 use of or reliance on any such content, goods or
services available on or through any such site or resource.
As a
convenience to you, Destinationcapetown may provide, on this Site, links
to Web sites operated by other entities. If you use these sites, you
will leave this Site. If you decide to visit any linked site, you do so
at your own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements.
Destinationcapetown makes no warranty or representation regarding, and
does not endorse, any linked Web sites or the information appearing
thereon or any of the products or services described thereon. Links do
not imply that Destinationcapetown or this Site sponsors, endorses, is
affiliated or associated with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in or
accessible through the links, or that any linked site is authorized to
use any trademark, trade name, logo or copyright symbol of
Destinationcapetown or any of its affiliates or subsidiaries.
All links to the Site must be approved in writing by
Destinationcapetown, except that Destinationcapetown consents to links
in which: (i) the link is a text-only link containing only the name
"Destinationcapetown."; (ii) the link "points" only to
www.destinationcapetown.com and not to deeper pages;(iii) the link, when
activated by a user, displays that page full-screen in a fully operable
and navigable browser window and not within a "frame" on the linked
website; and (iv) the appearance, position, and other aspects of the
link may neither create the false appearance that an entity or its
activities or products are associated with or sponsored by
Destinationcapetown nor be such as to damage or dilute the goodwill
associated with the name and trademarks of Destinationcapetown or its
Affiliates. Destinationcapetown reserves the right to revoke this
consent to link at any time in its sole discretion.
Destinationcapetown Listings
The Destinationcapetown Listings is a catalogue of suppliers in Cape
Town and/or elsewhere that can provide products and/or services in
relation to Cape Town and/or elsewhere. Basic information about these
suppliers may be provided by Destinationcapetown, or detailed
information may be obtainable from the Destinationcapetown Listings if a
business has elected to register itself in the Destinationcapetown
Listings.
In compiling the data that makes up the information published supplied
in the Destinationcapetown Listings, we rely upon third party sources as
well as businesses and organisations that provide this information. As
such, Destinationcapetown gives no warranties as to the accuracy or
completeness of that information. An entry on the Destinationcapetown
Listings, whether it is basic information obtained by
Destinationcapetown from a third party source or information supplied by
a business, individual or organisation registered in the
Destinationcapetown Listings does and will not constitute a
recommendation or endorsement by Destinationcapetown for that business,
individual or organisation or any products or services it may supply as
a result from the information obtained from the Destinationcapetown
Listings.
Visitors using the Destinationcapetown Listings to connect with
suppliers for products and services in relation to Cape Town should give
due consideration to any business contract they may enter into as a
result from the information gained through the Destinationcapetown
Listings, and where necessary, consult professional advice.
Any correspondence or business dealings, virtual or actual, between
Visitors and suppliers listed in the Destinationcapetown Listings are
solely between the Visitor and the supplier. Visitors agree that
Destinationcapetown shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such entries in the Destinationcapetown
Listings, or others that you may link to through the Destinationcapetown
Internet site.
Advertisers
In addition to listings in the Destinationcapetown Listings,
Destinationcapetown also provides advertising opportunities for its
clients to make Visitors aware of its business, products, services,
promotions and incentives. Any correspondence or business dealings with,
or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between the Visitor and the
company advertising. Visitors agree that Destinationcapetown shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Destinationcapetown Internet site.
Feedback & Correspondence
Should any Visitor to Destinationcapetown respond with information
including feedback data, such as questions, comments, suggestions or
similar regarding the content of the published information, such
correspondence shall be deemed to be non-confidential and
Destinationcapetown or its wholly-owned subsidiaries shall have no
obligation of any kind with respect to such information and shall be
free to reproduce, use, disclose or distribute such information to
others without notice or limitation. In addition, Destinationcapetown
shall be free to use any ideas, concepts, know-how or techniques
contained in such correspondence for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products
incorporating such information.
Any personally identifiable information you may provide to
Destinationcapetown via this Site is protected by the
Privacy Policy associated with this Site.
Destinationcapetown does not want you to, and you should not, send any
confidential or proprietary information to Destinationcapetown via the
Site. You agree that any information or materials that you or
individuals acting on your behalf provide to Destinationcapetown will
not be considered confidential or proprietary. By providing any such
information or materials to Destinationcapetown, you grant an
unrestricted, irrevocable, worldwide, royalty-free license to use,
reproduce, display, publicly perform, transmit and distribute such
information and materials, and you further agree that
Destinationcapetown is free to use any ideas, concepts or know-how that
you or individuals acting on your behalf provide to Destinationcapetown.
You further recognize that Destinationcapetown does not want you to, and
you warrant that you shall not, provide any information or materials to
Destinationcapetown that is defamatory, threatening, obscene, harassing,
or otherwise unlawful, or that incorporates the proprietary material of
another to Destinationcapetown.
Intellectual Property
Destinationcapetown Limited owns all Intellectual Property in the design
and layout of the Destinationcapetown web site. The name
"Destinationcapetown" is a Registered Trade Mark (R) of
Destinationcapetown CC., and the service marks “Destinationcapetown
Listings”, are used as active Trademarks by Destinationcapetown on its
website and other marketing material, virtual and physical. All are
property of Destinationcapetown. You may not make any written statement
to indicate that you are associated with Destinationcapetown, without
the prior agreement or permission of Destinationcapetown or its wholly
owned subsidiaries.
Intellectual Property law protects the information contained on
Destinationcapetown. Permission is given to view the material on
Destinationcapetown and save that information only for future personal
non-commercial use / reference but you should not further copy, modify,
use or distribute the information in any way unless you obtain written
agreement from Destinationcapetown.
No material
from Destinationcapetown.com or any web site owned, operated, licensed,
or controlled by Destinationcapetown may be copied, reproduced,
republished, posted, transmitted, or distributed in any way, except that
you may download one copy of the materials on any single computer for
your personal, non-commercial use only. By doing so, you agree to keep
intact all copyright, trademark and other proprietary notices.
Modification of the materials or use of the materials for any other
purpose is a violation of Destinationcapetown's intellectual property
rights. For purposes of these terms, the use of any such material on any
other web site or electronic network medium is prohibited. All
trademarks, service marks, and trade names are property of
Destinationcapetown.
Data Protection Act / Use of Information
Destinationcapetown does not compromise its Visitor’s personal
information in any way, and adheres to South Africa’s Data Protection
Act.
Privacy Policy
Destinationcapetown is committed to protecting any personal information
that you may provide to us. In particular, we believe it is important
for you to know how we treat information about you that we may receive
from this Web site.
Information Collected.
In general, you can visit this Web site without telling us who you are
or revealing any information about yourself. Our web servers collect the
domain names, not the e-mail addresses, of visitors. In addition, there
are portions of this Web site where we may need to collect personal
information from you for a specific purpose, such as to provide you with
certain information you request. The information collected from you may
include your name, address, telephone, fax number, or e-mail address
and/or other information.
Use of Collected Information
Domain name information that we collect is not used to personally
identify you and instead is aggregated to measure the number of visits,
average time spent on the site, pages viewed, etc. We use this
information to measure the use of our site and to improve the content of
our site.
When other information is collected from you, such as your name and
e-mail address, we generally let you know at the time of collection how
we will use the personal information. Usually, we use the personal
information you provide only to respond to your inquiry or to process
your request. This information may be shared with other
Destinationcapetown businesses, but only if necessary to fulfil your
request or for related purposes.
We may share the personal information you provide with other companies
we have hired to provide services for us. These companies - our vendors
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only to perform the services we have hired them to provide. We do not
share, sell, or lease personal information about you to any
third-parties for their marketing use. We will release information about
you if you direct us to do so, if we are required by law to do so, or in
other legally limited circumstances.
A technology called cookies may be used to provide you with tailored
information. A cookie is a tiny element of data that a Web site can send
to your browser, which may then be stored on your hard drive so we can
recognize you when you return. You may set your browser to notify you
when you receive a cookie.
We restrict access to information about you to those Destinationcapetown
workers who need to know the information to respond to your inquiry or
request. Workers who misuse personal information are subject to
disciplinary action.
Changes to this Policy
Please check this privacy policy periodically to inform yourself of any
changes. Although we reserve the right to modify or supplement this
privacy policy.
Limitation of Liability
By visiting the Destinationcapetown Internet site and making use of the
information and services provided thereon, you expressly understand and
agree that Destinationcapetown will not be liable for any direct,
Indirect, incidental, special, consequential or exemplary damages,
including but not limited to:
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Damages
for loss of profits, goodwill, use, data, or other intangible
losses, even if Destinationcapetown has been advised of the
possibility of such damages, resulting from the use or inability to
use the information and services provided by Destinationcapetown;
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the
cost of procurement of substitute goods and services and information
resulting from any goods, services and information purchased or
obtained through or from use of Destinationcapetown;
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unauthorised access to, or alteration or corruption of, your
transmissions or data;
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statements or conduct made by any third party on the
Destinationcapetown Internet site; and
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any
other matter relating the information and services provided by
Destinationcapetown.
Under no
circumstances shall Destinationcapetown be liable for any special or
consequential damages that may occur during the use of, or the inability
to use, this site, even if Destinationcapetown or an agent of
Destinationcapetown has been advised of the possibility of such damages.
Local jurisdictions may prohibit the limitation of certain types of
liability, therefore this section may not apply to you. In any event,
Destinationcapetown’s total tort or contract liability to you for all
damages, losses, and causes of action will not exceed the amount paid by
you for accessing this site.
Limitations of Damages
IN NO EVENT SHALL DESTINATIONCAPETOWN OR ANY OF ITS SUBSIDIARIES BE
LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE
INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR
ANY LINKED WEBSITE, EVEN IF DESTINATIONCAPETOWN IS EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous
These terms and conditions constitute the entire agreement between
Visitors to Destinationcapetown and Destinationcapetown CC, and solely
govern Visitors’ use of the information and services provided on the
Destinationcapetown Internet site;
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these
terms and conditions supersede any prior agreements between a
Visitor and Destinationcapetown CC in relation to its Internet site;
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Visitors may be subject to additional terms and conditions that may
apply upon visiting sites managed and/or owned by affiliates and
third parties associated with Destinationcapetown;
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the
Laws of South Africa shall govern these terms and conditions as if
they were a contract wholly entered into and wholly performed within
South Africa;
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Visitors and Destinationcapetown agree to submit to the personal and
exclusive jurisdiction of the South African Courts in any matters
relating to these terms and conditions or use of the
Destinationcapetown information and / or services;
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to the
extent that any provision of these Terms are found by any court or
competent authority to be invalid, unlawful or unenforceable in any
jurisdiction, that provision shall be deemed not to be a part of
these Terms, it shall not affect the enforceability of the remainder
of these Terms nor shall it affect the validity, lawfulness or
enforceability of that provision in any other jurisdiction.; and
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Visitors agree that, regardless of any statute or law to the
contrary, any claim or cause of action arising from the use of
Destinationcapetown or these terms and conditions, such action shall
be filed within one calendar year after such claim arises, or be
forever expelled.
Severability
If any clause
or provision of this agreement shall be held to be invalid in whole or
in part, then the remaining clauses and provisions, or portions thereof,
shall nevertheless be and remain in full force and effect. Amendment. No
amendment, alteration, modification of or addition to this agreement
shall be valid or binding unless expressed in writing and signed by the
parties to be bound thereby.
Captions
The captions
of each section are added as a matter of convenience only and shall be
considered of no effect in the construction of any provision of this
agreement. Attorneys' fees. If any party hereto shall bring any suit or
action against another for relief, declaratory or otherwise, arising out
of this agreement, the prevailing party shall have and recover against
the other party, in addition to all court costs and disbursements, such
sum as the court may adjudge to be reasonable attorneys' fees.
Survival
Any and all
warranties, provisions, rights and obligations of the parties herein
described and agreed to be performed subsequent to the termination of
this agreement shall survive the termination of this agreement. Waiver.
Failure to insist upon strict compliance with any of the terms,
covenants and conditions hereof shall not be deemed a waiver of such
terms, covenants and conditions, nor shall any waiver or relinquishment
of any right or power hereunder at any one or more times be deemed a
waiver or relinquishment of such right or power at any other time or
times. No waiver shall be valid unless in writing and signed by an
authorized officer of DESTINATIONCAPETOWN.
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