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
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
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 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.
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.
The Southern Cape and Karoo online management can be reached via email at: [email protected]
What we collect
Non-personal identification information
Not all information requested, collected, and processed by us is “Personal Information” as it does not identify you as a specific natural person. We may collect non-personal identification information about users whenever they interact with our site. Non-personal identification information may include the browser name, the type of computer and technical information about users’ means of connection to our site, such as the operating system and the internet service providers utilized and other similar information.
We do not collect any personal identification information from users who visit our site to read information about products, services, or content.
Personal identification information
We collect personal information about our users to provide our products, services, and customer support. Our products, services, and customer support are provided through many platforms including but not limited to websites, email, and telephone. The specific platform and product, service, or support you interact with may affect the personal data we collect.
Users may register on our site to enable them to add free user generated content like classifieds, events, promotion listings, employment etc. Users may also populate their profile, participate in discussions, forums, and groups as members of the social platform. Users may upload documentation and images at their own discretion. Members of the social platform may decide how much personal information they want to share with other users or the public or hide their personal profile information from other users and the public all together.
We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain site related activities.
What we do with the information we gather
Southern Cape and Karoo Online collects and uses user’s personal information for the following purposes:
– To improve customer service; your information helps us to more effectively respond to your customer service requests and support needs.
– To personalize user experience
– We may use information in the aggregate to understand how our users as a group use the services and resources provided on our site.
– To improve our site; we continually strive to improve our website offerings based on the information and feedback we receive from you.
– To process transactions; we may use the information users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
– To send user’s information they agreed to receive about topics we think will be of interest to them. If at any time the user would like to unsubscribe from receiving future emails, there is an easy unsubscribe link at the bottom of each email or the user may contact us at [email protected]
From time to time, we may also use your information to contact you for market research purposes by email or phone.
Should the customer elect to pay via credit card or EFT, we use the services of PAYFAST who is compliant with the Protection of Personal Information Act (POPI) which applies in South Africa and the General Data Protection Regulation (GDPR) which applies in the European Union. No credit card information is collected nor stored on our site.
Southern Cape and Karoo Online uses Mail Chimp and other service providers to process our mailing lists and to send emails. We ensure that they are POPI and GDPR compliant. We do not sell our mailing lists nor share them.
Public Authorities: Although we make every effort to preserve user privacy, we may need to disclose personal information when required by law, such as when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or litigation or other legal process or action (whether or not initiated by Southern Cape and Karoo Online) to protect Southern Cape and Karoo Online, our users’ or third parties’ rights, property or safety. We will transmit data to public authorities such as law enforcement or tax authorities only in the case of a legal obligation to do so based on a request for information from the respective authority.
Third Party Websites
As Southern Cape and Karoo Online develops advertising and business listings on our site, users may find advertising or other content on our site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to from our site. In addition, these sites, or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our site, is subject to that website’s own terms and policies.
Security of your information
When you register on Southern Cape and Karoo Online, we prompt you to provide a unique and robust password. Your e-mail address and password combination will serve as your login credentials. To prevent unauthorized access to your account, it is important you select an email/password combination that you have never used at any other website. Otherwise, if you are using the same email/password combination at Southern Cape and Karoo Online that you use elsewhere, and if that other website or service is later hacked and your login credentials stolen, it could allow these criminals to randomly try logging into other popular websites such as Southern Cape and Karoo Online to gain access to your account.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our site. As per normal practice, users on our site should constantly change their login passwords. The passwords should be up to 15 characters including upper and lowercase alpha and numbers and other characters like #@$% for example.
We store all the personal information you provide on our secure (password and firewall protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password (except when you log in to the website).
If our website security is compromised, you will be notified of the breach and how this has affected your personal information.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Information submitted through the contact forms on our site are sent to our company email, hosted by AWS (Amazon Web Services).
We use Google Analytics to analyse our site visits to track which pages are visited on our site, and other general statistics provided by Google Analytics to improve our content and the user experience. The Google Analytics information is anonymous.
Our site is built on the WordPress Platform, and we use the WordPress logged-in cookies – these are used by WordPress to authenticate logged-in visitors, password authentication and user verification.
WooCommerce cookies – these are used by the WooCommerce plugins on E-Commerce websites to track visitors and their purchased items in the cart.
Articles on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.
Management of Information
If you register on our website, we also store the personal information you provide in your user profile. By logging in with your username and password, you can see, edit, or delete your personal information and change your password at any time (except changing your Username).
We protect customer data with the following site features:
We are SSL/HTTPS compliant throughout our site. This encrypts our user communications with the servers so personal identifiable information is never captured by third parties without authorization.
In case of a data breach, System Administrators will immediately go through affected users and will attempt to reset passwords if needed after informing the user.
You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being our customer (i.e., basic account information like an email address).
The right to object to the processing of data for advertising purposes
You also have the right to object at any time to the processing of your personal data for direct marketing, including any subscription to our newsletters. If you object, we will no longer process your personal data in the future. The objections must be addressed to: [email protected]
If you have signed up to receive marketing emails from Southern Cape and Karoo Online, you can opt-out of receiving future marketing emails by clicking on Unsubscribe on any mail we send you.
Timeframe for Keeping Data
We process and store your Personal Data if necessary for the fulfilment of our contractual or legal obligations. Thus, we store the data if our contractual relationship with you as our customer obliges us to do so. After termination of our contract, we will store Personal Data only to the extent and for as long as applicable law requires. All other data will be deleted immediately when you, as a customer, unsubscribe from our products, services or terminate your profile. If the remaining data is no longer required for the fulfilment of legal obligations, it will be regularly deleted, unless further processing is necessary for the preservation of evidence or the prevention of legal claims from becoming time barred.
Business contact or sales prospect data: If you are a business contact or sales prospect that has provided us your personal data, we will store your data in our database so that we can follow up on previous business conversations we have had with you, provide you additional information about our products, or assist you in purchasing our services.
Email/Direct Mail Campaign Data: From time to time, we may contact our customers directly by mail, email, or telephone to inform you about upgrades, new products, promotions, or special offers that you told us you were interested in receiving (including our newsletters). However, we will not contact you with any commercial communications that are unrelated to the products that you have purchased from us unless you have given us your prior consent to receiving such information. When responding to one of these campaigns, you may have the option to provide us with personal information, which we will use for the purpose indicated.
Survey Data: From time to time, we may conduct surveys in respect of our products and services. Participation in our surveys is optional. However, if you respond to one of our surveys, you may provide us with personal information about you. Unless you otherwise consent, we will only use this information to determine the types of products that may be of interest to you and to operate and improve our product offerings.
Sale of business
In the event of a change in control of Southern Cape and Karoo Online ownership (i.e., Southern Cape and Karoo Online is acquired by another company), or preliminary discussions to that end, your personal data may be included so the acquirer may continue to serve you.
Your acceptance of these terms
By using our site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our site. Your continued use of the site following the posting of changes to this policy will be deemed your acceptance of those changes.