CAPE TOWN TOURISM TERMS AND CONDITIONS ("TERMS")
THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOUR USE AND/OR ACCESSING OF THE WEBSITE (AS DEFINED IN CLAUSE 1 BELOW) AND CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF CAPE TOWN TOURISMAND IMPOSES LEGAL OBLIGATIONS ON YOU. BY USING AND/OR ACCESSING THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE OR ANY CONTENT, DATA OR INFORMATION DISPLAYED OR MADE AVAILABLE ON IT. PLEASE READ THESE TERMS CAREFULLY.
1.1 When accessing and/or using the website located at www.capetown.travel (the "Website") you are entering into a legally binding contract with Cape Town Tourism upon the terms of these terms and conditions ("Terms"). Cape Town Tourismis a NPO incorporated in the Republic of South Africa under registration number and whose registered office is at [The Pinnacle Building, Cnr Burg and Castle Street, Cape Town, 8000](hereinafter referred to as "we" or "us" or "our").
1.2 These Terms apply to the entire contents of the Website and to any correspondence between us and you. Using and/or accessing the content displayed on the Website indicates that you accept these Terms and agree to be bound by them regardless of whether or not you choose to register as a user. If you do not accept these Terms, please refrain from using and/or accessing the Website.
1.3 On the Website we provide online information resources focussed on the recruitment industry and, in some cases, you will be able to submit content for publication on the Website.
2.1 We hereby authorise you to view, copy, download to a local drive, print and distribute the content of the Website, or any part thereof, provided that:
2.1.1 such content is used for information and/or non-commercial purposes only; and
2.1.2 any reproduction of the content available on or through the Website, or any part thereof, must include the following copyright notice: © Cape Town Tourism. ALL RIGHTS RESERVED.
2.2 You may use and/or access content available on or through the Website for non-commercial purposes only.
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. CONSUMER PROTECTION ACT NO 68 OF 2008
4.1 If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
4.2 No provision of these Terms (or any contract governed by these Terms):
4.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
4.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
4.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
5. YOUR MATERIAL AND CONDUCT
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.2.2 for which you have not obtained all necessary licences and/or approvals; or
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 The Website and content available on or through the Website may contain links to other third party websites, which are completely unrelated to us or our Website. If you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies.
7. INTELLECTUAL PROPERTY RIGHTS
All content, trade marks and data on the Website, including, but not limited to, software, databases, text, graphics, icons, hyperlinks, personal information, and designs are the property of or licensed to us, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to you herein, all other rights to all intellectual property rights in content displayed on the website and in the website itself are expressly reserved.
8. ELECTRONIC COMMUNICATIONS
By using the Website or communicating with us by electronic means, you consent and acknowledge that any and 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".
9.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and in this regard, we make no commitment to update such material.
9.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms which, but for the legal notice set out in this clause 9, might have effect in relation to the Website.
10. DATA PROTECTION
11. LINKING AND FRAMING
11.1 Any third party website may link to the Website provided that such a link is directed at the home page of the Website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the Website, without our prior written approval.
11.2 It is expressly prohibited for any person, business, entity, or website to frame any page on the Website, including the home page, in any way whatsoever, without our prior written approval.
12. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
12.1 No information or data on the Website is an offer but merely an invitation to do business.
12.2 No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.
13. SEARCHING TECHNOLOGY
The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from the Website is not permitted if such technology will result in slowing down the Website server or copyright infringement of any content available on or through the Website.
14.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the services or content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
14.2 The Website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
14.3 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
14.4 Neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on the Website.
14.5 Submissions of content (contribution to blogs, comments on articles posted) and postings of any kind posted to the Website or e-mail sent to the Website are not editorially controlled and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory content).
15.2 In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
16. APPLICABLE AND GOVERNING LAW
The Website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms.
17. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
If you have any questions, queries or wish to request permission to use any part of the Website, including, linking, framing, or searching, please contact us at:
[The Pinnacle Building, Cnr Burg and Castle Street, Cape Town, 8000]
[PO Box 1403, Cape Town, 8001]
[Tel: 021 487 6800]