TERMS & CONDITIONS
CONTENT AND USE OF THE WINDCAPE.CO.ZA WEB SITE
- You agree to use Windcape.co.za, “the Site” for lawful purposes only. You are prohibited from submitting, by means of reviews, comments, suggestions, ideas, questions, advertisements, promotional material, directory listings or any other information through the Site, or in any other manner, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable, including but not limited to any content –
- that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international;
- constitutes an invasion of privacy;
- is an infringement of any intellectual property right;
- contains software viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
- content that constitutes a political statement, commercial solicitation, or “Spam”.
- Windcape ZA reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these terms and conditions or harmful in anyway whatsoever.
- You agree that in using the web site in any way, and/or in any content you provide to Windcape ZA, you will not –
- create liability for or cause Windcape ZA to lose (in whole or in part) the services of our ISPs or other suppliers;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under the and conditions you do not have a right to link to or include;
- consummate any transaction that was initiated using our site that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of Windcape ZA’s system or the content on the site without Windcape ZA’s prior written consent.
- At any time, without notice, for any or no reason, Windcape ZA reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate transactions. Should you breach this clause or any other clause in these terms and conditions, Windcape ZA may immediately terminate and/or suspend your access to all or parts of the Site, without any notice to you, and you may be held liable to criminal or civil prosecution.
- In using the Site, you warrant that –
- you own or otherwise control all rights to the content that you may submit to the Site;
- any use of such content will not cause injury or harm to any person or entity; and
- you indemnify Windcape ZA and its employees, for all claims resulting from any submitted content.
- By submitting reviews, comments, advertising, directory and event information and/or any other content to Windcape ZA for posting on the Site, you automatically grant Windcape ZA a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content.
- The following activities on or through the Site are expressly prohibited –
- any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, or to data-mine the same without the prior written authority of Windcape ZA;
- the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site;
- incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes.
- You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site.
THE USE OF THIRD PARTY CONTENT
- Windcape ZA hosts information, pricing, opinions, advertising, directory services, event information and other content supplied by third parties (“Third Party Content”) on the Site.
- Opinions, statements, offers or any other information that may constitute Third Party Content, belong to the respective third party and not to Windcape ZA.
- Windcape ZA does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by the applicable third party. Any Third Party Content should not be construed as an express or implied endorsement by Windcape ZA unless otherwise expressly stated.
- It is your responsibility to evaluate Third Party Content available on and through the Site. Windcape ZA is not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site.
- Windcape ZA does not review (nor is it under any obligation to do so) or control any third party website that links to or from the website and is not responsible for the content of any third party website linked to or from the Site. The third party websites are provided solely for your convenience.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Windcape ZA.
PURCHASE OF SUBSCRIPTIONS OR PRODUCTS
- Windcape ZA will not be responsible for any incorrect pricing due to typographical errors. That said, however, undertakes to rectify any incorrect pricing listed on the website as soon as it becomes aware of such errors.
DIRECTORY SERVICES, SPECIALS AND LISTINGS
- Windcape ZA provides the Site for the convenience of buyers, sellers and users interested in directory services, events, and collects content in the form of advertisements from these users.
- The details of products and services available on the Site are provided to Windcape ZA by third parties, for your information only. Windcape ZA cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
- If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your advertisement.
- Our fees are quoted in South African Rand, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
- Our fees are non-refundable – unless otherwise indicated, and you are responsible for paying them when they are due. If you do not pay, we may limit your ability to use the services. We reserve the right to recover unpaid fees from you.
- You agree, upon requesting any Display or Advertising space, that in the event of failure to publish an advertisement or publication of an incorrect advertisement, the liability of Windcape ZA shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only (as the case may be), and that there shall be no liability in any event beyond the amount paid for such advertisement.
- Windcape ZA shall not be liable for slight changes or typographical errors that do not lessen the value of an advertisement.
INTELLECTUAL PROPERTY RIGHTS
- All content included on the website and in the print edition, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of Windcape ZA or its content suppliers and is protected by South African and international copyright laws.
- None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Windcape ZA or the copyright owner.
- All trademarks are the exclusive property of Windcape ZA.
- The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
LIMITATION OF LIABILITY
- Windcape ZA does not warrant that the website, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that it will be continuously available or that you will have uninterrupted access to the Site; and
- Whilst Windcape ZA has taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
- Use of this site is at the user’s sole risk.
- No advice or information, whether oral or written, obtained by you from Windcape ZA or its services shall create any warranty.
- Windcape ZA may terminate your account at any time for any reason, including any improper use of the Site or your failure to comply with these terms and conditions.
- The terms and conditions constitute the complete and exclusive statement of the agreement between you and Windcape ZA. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the terms and conditions. If there is any conflict between an oral or written representation of any Windcape ZA employee or agent and the terms and conditions, the terms and conditions will prevail.
- Our company is registered in South Africa as: Windcape Za (Pty) Ltd.
- Our CIPC Registration number is: 2019/081337/07.
- Our website address is: https://windcape.co.za/.
- Contact email is: email@example.com.