Terms of Use

Updated June 2021

Introduction

This poetic yet legally binding contract is eloquently articulated, syntactically correct and dictated by the common law of this land. It makes for great weekend reading but why wait until then, have a look right now.

Agreement Between User and Southern Cape and Karoo Online

This is a legal agreement between you and Southern Cape and Karoo Online. (https://southerncape.online) with respect to your access and use of the Southern Cape and Karoo Online Service, which may also include Southern Cape and Karoo Online content and related documentation and information (collectively, the “Service”). You must accept without modification all the terms, conditions, and notices contained in these Terms of Use to access and/or use the Service (collectively, the “Terms of Use” or “Agreement”). If you do not accept these Terms of Use in their entirety, you may not access or use the Service.

Portions of the Service may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms, and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms of Use, the Terms of Use shall control, except that the Southern Cape and Karoo Online Service Privacy Policy, referenced below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, terms, and conditions published in connection with the Service with respect to the subject matter covered by such privacy policy.

Modification of these Terms of Use

Southern Cape and Karoo Online may change the Terms of Service at any time and such changes shall be effective immediately. You are responsible for regularly reviewing the Terms of Service. Your continued use of the Service affirms your agreement to the Terms of Service and any changes.

Southern Cape and Karoo Online is not obligated to provide updates or improvements to the Service. However, if Southern Cape and Karoo Online, in its sole discretion, updates or improves the Service, these Terms of Service shall apply to such updates and improvements unless expressly noted otherwise.

No unlawful or prohibited use

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Service or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

You agree to use the Service only to send, receive, and transfer appropriate messages and material. By way of example, and not as a limitation, you agree that when using the Service, you will not:

Sexually Explicit Material: We do not allow content that contains nudity, graphic sex acts, or sexually explicit material.
Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk, or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Create a false identity for the purpose of misleading others.
Publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
Transfer, stream, or otherwise make available, files or other material that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Transfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Download any file or other material transferred by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
Violate any code of conduct or other guidelines which may be applicable to the Service.
Use any portion of the Service to harvest or otherwise collect information about others, including e-mail addresses.

Southern Cape and Karoo Online always reserves the right to monitor communications on the Service and disclose any information Southern Cape and Karoo Online deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation, or legal process; or (iii) protect the rights, property, and interests of Southern Cape and Karoo Online, its employees or the public. Southern Cape and Karoo Online also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Southern Cape and Karoo Online’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in the Service. Southern Cape and Karoo Online does not control or endorse the content, messages or information exchanged by means of the Service and, therefore, Southern Cape and Karoo Online specifically disclaims any liability about the Service and any actions resulting from your participation in the Service.

You are responsible for all activities that occur in your Service account. You agree to notify Southern Cape and Karoo Online immediately of any unauthorized use of your account or breach in security known to you related to the Service.

Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Southern Cape and Karoo Online shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

To the extent permitted by applicable laws, in no event shall Southern Cape and Karoo Online or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Southern Cape and Karoo Online partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.

Southern Cape and Karoo Online does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Southern Cape and Karoo Online does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. Southern Cape and Karoo Online is not responsible for any of your tax obligations or liabilities related to the use of Southern Cape and Karoo Online’s Services. Southern Cape and Karoo Online does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the Southern Cape and Karoo Online Service. All Materials you upload to your Southern Cape and Karoo Online Store remains yours. You can remove your Southern Cape and Karoo Online Store at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Southern Cape and Karoo Online to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Southern Cape and Karoo Online can, at any time, review and delete all the Materials submitted to its Service, although Southern Cape and Karoo Online is not obligated to do so.

You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.

Southern Cape and Karoo Online shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

Store Vendors

The person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Use and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.

If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Use.

Store owners will be monitored concerning their quality of products, shipping fees, customer satisfaction and feedback. Initially money will only be paid out to the vendor once goods are received by a satisfied customer and the transaction is marked as completed by the store owner in their control panel.

As soon as a reputation is built up on the Southern Cape and Karoo Online platform fees will be paid out once a month and when the amount has exceeded R1000.

Governing Laws

These Terms of Use and our relationship and/or any dispute arising from or in connection with these Terms of Use 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 of Use.

In the event of any dispute arising between you and Southern Cape and Karoo Online, 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.

Links to other websites

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 on the website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

Shipping, returns and refunds

Southern Cape and Karoo Online only serves as a platform to advertise the products of approved vendors and is not involved in the shipping of any such products concerning shipping costs and terms. Should any products not be satisfactory and returned it should be taken up directly with the third-party seller.

Although Southern Cape and Karoo Online is doing its best to only allow credible third-party vendors it cannot guarantee the delivery, shipping, and quality of any third-party vendors. Southern Cape and Karoo Online is doing its best to follow and monitor the delivery of products and the satisfaction of the buyers, should it be possible and within reasonable time should a dispute arise between buyer and vendor Southern Cape and Karoo could make a refund if those funds were not already transferred to the vendor.

Payment and Subscriptions

Users who are making payments for subscriptions, listing extensions or products purchased from store vendors are directed to the services of PAYFAST, who is compliant with the Protection of Personal Information Act (POPI), and on their platform the transactions may be completed by either credit card or EFT.

Any listing subscriptions offered by Southern Cape and Karoo Online at a discounted rate for a specified time will always renew at the standard rate as advertised on the site when the period of discount expires.

Contact Details

The Southern Cape and Karoo online management can be reached via email at: [email protected]