This poetic yet legally binding contract is eloquently articulated, syntactically correct and dictated by the common law of the land. It makes for a lovely weekend read, why wait till then, have a look.
1.1 Southern Cape and Karoo offers a community and business marketing services platform that enable people to connect with each other, build networks, advertise and grow business. These terms govern the use of Southern Cape & Karoo websites.
1.2 This website and all its services can be accessed at https://southencape.online. It is owned and operated by Fugle Media (Proprietary) Limited and will be referred to as “SC&K”, “we”, “us” and “our”.
1.3 Upon accessing SC&K or engaging with any aspect thereof and/or not necessarily registering thereon as mentioned below, you will be deemed to have accepted all of the terms and conditions that apply to its use, the information contained on SC&K and to the facilities and services provided by it. Accordingly, please take the time to read through these terms and conditions before continuing to use SC&K. If you do not agree to obey to these terms and conditions you are free to stop using SC&K.
1.4 These SC&K Terms and Conditions (“Terms of service”) govern the social, commercial, advertising, vehicle dealership, estate agency and store vendor interface use of SC&K.
1.5 These Terms and Conditions are binding and enforceable against every person that accesses or uses SC&K (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“Registration Details”). By using SC&K and by clicking on the “Create Account” button on SC&K or by using a third party to access SC&K like Google, Facebook and Twitter, and as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2.1 To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.
2.3 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3.1 Users may not use the website in order to transmit, distribute, store or destroy material:
3.1.1 in violation of any applicable law or regulation;
3.1.2 in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
3.1.3 that is defamatory, obscene, threatening, abusive or hateful.
3.2 The following is prohibited with respect to the website:
3.2.1 Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
3.2.2 Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website.
3.2.3 Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
3.2.4 Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without SC&K’s prior written permission;
3.2.5 Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
3.2.6 Attempting to access any area of the website to which access is not authorized.
4.1 All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the website.
4.2 Users of this website are not granted a licence or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.
5.1 The information and material displayed on the Website is provided without any guarantees, conditions or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors and third parties connected to us hereby expressly exclude:
5.2 All conditions, warranties and other terms which might otherwise be implied by statute;
5.3 Any liability for any direct, indirect or consequential loss or damage whatsoever and howsoever incurred by you in connection with:
5.4 Our failure to fulfill any of our obligations in terms hereof;
5.4.1 The Website or resulting from the use, the inability to use, the Website;
5.4.2 The search results obtained from the Website;
5.4.3 Any websites linked to the Website and any material posted on it.
5.5 We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as is possible by law.
5.6 We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.
5.7 We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
5.8 We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
5.9 We publish content on the website and elsewhere from time to time containing marketing material, internal and/or external research findings, surveys, statistics and similar information on our business and area of trade, competitors and related parties for your edification. We shall not be held liable to honour, explain or compensate you or anyone else for any loss or prejudice which may arise from the publication of such information.
6.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
6.2 In the event of any dispute arising between you and SC&K, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
6.3 Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
The Website contains hypertext links to websites that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion in the Website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
By using SC&K, you are indicating your acceptance to be bound by these terms and conditions. SC&K may revise these terms and conditions at any time by updating this page. You should visit this page periodically to review the terms and conditions, to which you are bound.