The materials found on this website are provided ‘as is’ without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose.
cometocapetown.com does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the materials.
cometocapetown.com reserves the right to make periodic changes to all materials, programmes, algorithms, policies or other information described in the materials, at any time and without prior notice.
In no event shall cometocapetown.com be liable for any monetary compensation, special, indirect or consequential damages or any damages whatsoever, including loss of profits or personal assets, whether in action in contract or tort, arising out of the use of establishments advertised on this site.
1. Agreement Between Customer and cometocapetown.com
1.1 This Web Site is offered to you, the customer, by cometocapetown.com of 68 Bree Street, Cape Town, South Africa
1.2 When using this Web Site you are bound by these terms and conditions.
1.3 If you do not agree with these terms and conditions then you are not authorised to use this Web Site.
1.4 cometocapetown.com reserves the right to change the terms, conditions, and notices under which this Web Site is offered.
2. Personal and Non-Commercial Use Limitation
2.1 This Web Site is for your personal and non-commercial use.
2.2 You are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web Site.
2.3 As a condition of your use of this Web Site, you warrant to cometocapetown.com that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
3. Copyright and Trademark Notices
3.1 The copyright in the contents of this Web Site belongs to cometocapetown.com. All rights are reserved.
3.2 Other product and company names mentioned on the Web Site may be the trademarks of their respective owners.
4. Liability Disclaimer
4.1 The information, software, products, and services published on this Web Site cannot be guaranteed to be free from inaccuracies or typographical errors.
4.2 From time to time content of the Web Site may be changed.
4.3 cometocapetown.com and its affiliates and / or its respective suppliers may make improvements and / or changes in this Web Site at any time.
4.4 cometocapetown.com and / or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Web Site for any purpose.
4.5 cometocapetown.com shall use reasonable care and skill in carrying out the services contained in this Web Site.
4.6 cometocapetown.com, its affiliates, and / or its respective suppliers hereby disclaim all warranties, terms and conditions with regard to this information, software, products, and services, including all implied warranties, and conditions, of merchantable quality, fitness for a particular purpose, title, and non-infringement.
4.7 In no event will either cometocapetown.com, its affiliates or its suppliers be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence or otherwise arising out of or in any way connected with the use of this Web Site or with the delay or inability to use this Web Site, or for any information, software, products, and services obtained through this Web Site, or otherwise arising out of the use of this Web Site (including, but not limited to, loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if cometocapetown.com, its affiliates, or any of its suppliers has been advised of the possibility of damages.
4.8 cometocapetown.com, its affiliates and / or its respective suppliers shall not be liable for direct loss arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise.
5. Third-Party Sites
5.1 This Web Site may contain hyperlinks to web sites operated by parties other than cometocapetown.com
5.2 Such hyperlinks are provided for your reference only. cometocapetown.com has no control over such web sites and cannot be held responsible for their contents.
5.3 By inclusion of such hyperlinks cometocapetown.com does not in any way endorse of any material on such web sites or any association with their operators.
6. This Web Site
6.1 Any software that is made available to download from this Web Site (‘Software’) is the copyrighted work of cometocapetown.com and / or its affiliates and / or suppliers.
6.2 Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (‘License Agreement’).
6.3 You may not install, copy or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
6.4 For any Software not accompanied by a License Agreement, cometocapetown.com hereby grants to you, the user, a personal, non-transferrable license to use the Software for viewing and otherwise using this Web Site in accordance with these terms and conditions and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this licence.
6.5 Please note that all Software, including without limitation all HTML code, Active X controls and other script contained in this Web Site, is owned by cometocapetown.com and / or its suppliers and is protected by copyright laws and international treaty provisions. You may only make copies of the Software for backup or archival purposes. Any other reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not reverse engineer, de-compile or disassemble the Software except and only to the extent that law notwithstanding this limitation expressly permits such activity.
6.6 Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is under warranty, if at all, only according to the terms of the license agreement.
7.1 This agreement is governed by the laws of South Africa. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
7.2 cometocapetown.com may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
7.3 You accept that no joint venture, partnership, employment, or agency relationship exists between you and cometocapetown.com as a result of this agreement or use of this Web Site.
7.4 If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
7.5 This agreement constitutes the entire agreement between the customer and cometocapetown.com with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and cometocapetown.com with respect to this Web Site.
7.6 A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
7.7 Fictitious names of companies, products, people, characters, and / or data mentioned herein are not intended to represent any real individual, company, product, or event.
7.8 Any rights not expressly granted herein are reserved.