Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with CapeInfo, with the exception of User Content as defined below, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by CapeInfo and/or its affiliated companies, licensors and suppliers. You may use the Content online provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to CapeInfo, you may do so provided you agree to cease such link upon request from CapeInfo. No other use is permitted without prior written permission of CapeInfo.
Permission is granted to publish Content on CapeInfo, excepting that Content which is expressly identified as being copyrighted to another party, providing CapeInfo is clearly identified as the source and advised of the use. In the case of internet publications, this must include a hyperlink to capeinfo.com. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through CapeInfo, not to insert any code or product or manipulate the content of CapeInfo in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Registration. Registration is not required to view certain Content. However, you may be required to register if you wish to advertise, post a comment or upload an image file, or view certain other Content. If you become a Registered Member of CapeInfo, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of CapeInfo if individuals from more than one household access CapeInfo using any single Registration Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access CapeInfo using your name in whole or in part without our permission.
Directory advertising. The following is binding on all advertisers in CapeInfo's Directory:
- All information provided must accurately portray the nature of your business and services. Any advertiser found to be misrepresenting their facilities or services will have their advertisement deleted from this website without discussion or refund. Advertisers are obliged to maintain their content to ensure it is up to date. Should you sell your establishment whilst you are a member of/advertiser on CapeInfo it is part of our terms and conditions that you notify us to this effect.
- Invoices are e-mailed on receipt of your advertisement. All invoices are due on presentation. Your advertisement is valid for one full year from the date your advertisement is online. You will be sent an e-mail advising you when your advertisement is due for renewal. You may then cancel or renew the advertisement. Advertisers are required to advise CapeInfo within 30 days of their renewal invoice if they wish to cancel. Failure to notify us of your intent to cancel amounts to a tacit renewal, in which event fees for the following year become due and enforceable. Should it be necessary for us to take legal action due to non-payment of your account, you will be responsible for all legal fees incurred.
- Under no circumstances may advertisers send unsolicited e-mail to members of the public in response to enquiries they receive via CapeInfo. This includes auto-responders advertising other products or other establishments. Any advertiser found to be violating this condition will have their advertisement removed without any discussion or refund.
- Nightsbridge clients who request a link through their Nightsbridge control panel and who's content is placed in CapeInfo's directory agree to pay 10% commission on any bookings on the Nightsbridge system through the CapeInfo link. These will be invoiced on the guests arrival date and invoices are payable upon presentation.
Classified advertising. Only classified ads from South Africa are permitted and must comply with all South African laws. Under no circumstances may advertisers send unsolicited e-mail to members of the public in response to enquiries they receive via CapeInfo. This includes auto-responders advertising other products or other establishments. Any advertiser found to be violating this condition will have their advertisement removed without any discussion.
Support. CapeInfo does not provide telephonic support to advertisers, except at its discretion. Advertisers are required to make use of the Frequently Asked Questions section under the Help navigation tab. Additional email support may be provided where issues are not addressed there.
User Content License. For all User Content you post, upload, or otherwise make available ("Provide") to CapeInfo, you grant CapeInfo a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize CapeInfo to share the User Content with other publications, to include the User Content in a searchable format accessible by users of CapeInfo, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to CapeInfo. You also grant CapeInfo the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
User Content Assumption of Risk. CapeInfo cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to CapeInfo is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using CapeInfo forums. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
User Content Posting Rules. Any decisions as to whether User Content violates any Posting Rule will be made by CapeInfo in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:
- If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the photo or video.
Do not provide User Content that:
- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- violates any right of CapeInfo or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- interferes with any third party's uninterrupted use of CapeInfo.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uploads or transmits viruses or other harmful, disruptive or destructive files, material or code.
- disrupts, interferes with, or otherwise harms or violates the security of CapeInfo, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through CapeInfo or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Unsolicited Material and Ideas. CapeInfo is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to CapeInfo. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against CapeInfo and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
Transactions and E-Commerce. During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription, a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. CapeInfo cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Errors in Advertisements. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree CapeInfo is not responsible for such errors or discrepancies.
Communications with Third Parties Through CapeInfo. Your dealings or communications through CapeInfo with any party other than CapeInfo are solely between you and that third party. For example, certain areas of CapeInfo may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will CapeInfo be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
During your visit to CapeInfo you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because CapeInfo has no control over third party sites and resources, you acknowledge and agree that CapeInfo is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.
General Disclaimer and Limitation of Liability. While CapeInfo uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. CapeInfo does not represent or warrant that use of any Content will not infringe rights of third parties. CapeInfo has no responsibility for actions of third parties or for content provided by others, including User Content.
USE OF CapeInfo IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." CapeInfo, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING CapeInfo, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH CapeInfo, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF CapeInfo OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES CapeInfo WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. CapeInfo AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
CapeInfo CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANISATIONS. CapeInfo DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH CapeInfo. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL CapeInfo OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity. You agree to indemnify, defend and hold harmless CapeInfo and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of CapeInfo; (2) CapeInfo's use of any User Content or information you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your Registration Account, even if not posted by you; and (4) any violation of this Agreement by you.
Applicable law. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
- This web site is owned and maintained within the Republic of South Africa.
- When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.
- Users are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act.
Consent to jurisdiction. The ser consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this web site.
International Users. CapeInfo makes no representation that materials or Content available through CapeInfo are appropriate or available for use outside South Africa and access to them from territories where their contents are illegal is prohibited. If you access CapeInfo from a location outside South Africa, you are responsible for compliance with all applicable laws.
Discontinuation of Service. CapeInfo may modify, suspend, discontinue or restrict the use of any portion of CapeInfo, including the availability of any portion of the Content at any time, without notice or liability. CapeInfo may deny access to any Registered Member or other user at any time for any reason.
Severability. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
No Waiver. Any failure of CapeInfo to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Section Titles. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to CapeInfo, and all other provisions for which survival is equitable or appropriate.
Contact Us. To contact CapeInfo, please use the following address:
CapeInfo, PO Box 51545, Waterfront 8002, South Africa
fax: 086 654 6985
Last Updated: October 2007