Welcome to the Gordon’s Bay Travel website. This website is owned and managed by:
- Gordon’s Bay Development Trust (hereinafter referred to as “we” or “us” or “our”)
Gordon’s Bay Development Trust is a PBO (Public Benefit Organization) in the process of registered as a NPO, incorporated in the Republic of South Africa under REGISTRATION NUMBER IT001381/2018(C).
TERMS OF USE
1 GENERAL
This website is owned and managed by the Gordon’s Bay Development Trust as part of promoting Gordon’s Bay as a destination for tourists and visitors but also for investments. Gordon’s Bay is and should keep the image of a picturesque and quaint little seaside village surrounded by mountains away from the hustle and bustle in Cape Town.
The website, which is accessible at https://gordonsbay.travel/ or via the software application developed or made available by us (the “Website”), we provide online information resources focused on the destination marketing and visitor industry (the “Services”).
These terms of use (“Terms”) apply to any person who:
– browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content”); and/or makes any information available to us via the Website; and/or
– is or has applied to be part of our membership program. Regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets.
Acceptance of the Terms:
When using, accessing, browsing, referring to, viewing, and/or downloading Content, you are entering into a legally binding contract with GORDONS BAY DEVELOPMENT TRUST upon (i) these Terms; and (ii) our privacy policy which is accessible below (“Privacy Policy“). The Privacy Policy is hereby incorporated into these Terms and forms part of these Terms.
These Terms and the Privacy Policy apply to the entire contents of the Website and to any correspondence between us and you. Using, accessing, browsing, referring to, viewing, and/or downloading the Content displayed on the Website for any purpose indicates that you have read, understood and accept these Terms and the Privacy Policy and agree to be bound by them.
If you do not agree to these Terms and the Privacy Policy, please refrain from using, accessing, browsing, referring to, viewing, and/or downloading the Content displayed on the Website.
Changes and modifications to the Terms, Website and/or Content:
We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:
- change these Terms;
- change or remove Content accessible on the Website;
- change or discontinue any aspect of Website or Services accessible on the Website; and/or
- change the software and/or hardware required to access and use the Website.
- Your continued access or use of the Website, Content and/or Services will be subject to the Terms in force at the time of your access or use. If you do not agree with any updates, amendments or modifications, you must discontinue use of the Website, Content and/or Services,
Permitted use and prohibited conduct
We hereby authorise you to view, copy, download to a local drive, print and distribute the Content of the Website, or any part thereof, provided that:
- such Content is used for own use and promotion of Gordon’s Bay purposes only;
- any reproduction of the Content available on or through the Website, or any part thereof, must not infringe our intellectual property rights or the intellectual property rights of third parties, and all copies must include the following copyright notice: © Gordon’s Bay Travel – ALL RIGHTS RESERVED; and
- your use of the Content is in accordance with these Terms.
You must not, directly or indirectly, do any of the following things:
- perform any action that violates these Terms or any guidelines or policies posted by us;
- use the Website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;
- perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including intellectual property rights;
- use any technology or other means to access, index, frame or link to the Services (including the Content) in a way that is not expressly authorized by us;
- collect or process information in violation of our Privacy Policy; or
- interfere with any other person’s use and enjoyment of the Services, the Website, or the Content.
- Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
- We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any Content in breach of the Terms.
Availability of the Website:
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
The legal responsibilities and liabilities of Gordon’s Bay Travel are excluded or limited; and any rights you have against us are limited or excluded. We make no promises that the Website or the Content will always be available or that the Website or Content will be available without interruption. As such, should you suffer losses as a result of the Website or Content being unavailable you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages as a result of the Website or Content being unavailable.
CPA, POPI and other laws:
If these Terms (or any contract governed by these Terms) or the Content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
No provision of these Terms (or any contract governed by these Terms):
- does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act, POPI or other applicable laws (to the extent applicable) or which we give under the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
Links to and from other websites:
The Website and Content available on or through the Website may contain links to other third party websites, which are completely unrelated to us or our Website. If you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies.
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely
We are not liable if you suffer losses or damages when visiting another third party website by following a link to that website from our Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.
3 INTELLECTUAL PROPERTY RIGHTS
The Content we make available to you through the Website is owned by, or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you herein, all our rights, including intellectual property rights, in Content displayed on the Website, are expressly reserved.
You must not use the Website or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.
All intellectual property rights, including all rights, title and interest in and to the Website and Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the Website or the Content other than those rights expressly granted to you in the these Terms.
Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
The names, images and logos identifying Gordon’s Bay Travel are the proprietary marks of Gordon’s Bay Travel. Copying our logos and any other third party logos accessed via this website is not permitted without the prior approval of the relevant copyright owner.
When you request or being listed on our website, you will be asked to provide information about yourself (“User Data”). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the content of your listing.
Your Content:
By providing us information about your business, you represent, warrant and agree that you will not:
Use Content that violates the law or anyone’s rights, including intellectual property (“IP”) rights or other proprietary rights (such as rights of publicity and privacy);
Use any Contact Information or private information of any third party;
False, misleading or fraudulent information;
Any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
Alcohol-related or other mature content that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or
User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.
Gordon’s Bay Travel does not pre-screen, review, edit or approve any User Content and it may in its sole discretion, remove or disable access to any User Content.
“User Content” means any photos, text, link, audio, video, designs, ads and anything else that is provided to us for use.
Electronic communications:
By using the Website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
Agreements in terms of section 21 of the Electronic Communications and Transactions Act
No information or data on the Website is an offer but merely an invitation to do business.
No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.
5 DATA PROTECTION
We collect personal information from you and you may submit personal information to us. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.
By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.
Any third party website may link to the Website provided that such a link is directed at the home page of the Website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the Website, without our prior written approval.
We discourage to frame any page on the Website, including the home page, in any way whatsoever.
- Searching technology
The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from the Website is not permitted if such technology will result in slowing down the Website server or copyright infringement of any Content available on or through the Website.
While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and in this regard, we make no commitment to update such material.
The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, availability or functionality of the Website or Content, which, but for the legal notice set out in this paragraph , might have effect in relation to the Website.
There are things that may go wrong when you use the Website and Gordon’s Bay Travel will not be responsible or liable for anything that goes wrong. You use the Website knowing and accepting that things can go wrong and there are risks. We make no promises that the Content will be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. As such should you suffer losses for relying on this Content you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages in these circumstances.
Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
The Website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
Neither Gordon’s Bay Travel nor any of the businesses, activities, services or other listed the Website or their representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third party products or services, or from the use of or inability to use any third party products or services linked to from, or advertised on our Website.
Gordon’s Bay Travel shall not be held liable for any comments or postings you make on any of our social media platforms, including, but not limited to our Facebook page or via our Twitter or Instagram accounts. We do not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings).
There are things that may go wrong when using the Internet. We are not responsible or liable for anything that goes wrong. You use the Website knowing and accepting that these things can go wrong and that there are risks. We make no promises that the Content be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. None of the Content can be considered our opinions or the opinions of our agents or representatives. If you purchase goods or services on third party websites which you have linked to via the Website, we will not be liable for any losses you may suffer from your use of or inability to use the goods or services you purchased. You will not be able to take action against us if you suffer a loss or damages in these circumstances.
As far as the law allows, you indemnify us and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
- your use and access to the Website, Content and/or the Services;
- you infringing or misusing any rights of any persons, including intellectual property rights in relation to the Website or Content;
- your violation of these Terms; or any comments or postings you may make on any of our social media platforms
In certain instances Gordon’s Bay Travel or other persons or entities may have claims for damage caused by you, for example, when you infringe the intellectual property rights of others, make defamatory, threatening, or discriminatory comments of social media, or violate any of these Terms. You agree to take on responsibility and liability for losses and damages Gordon’s Bay Travel or others persons or entities may suffer, as far as the law allows us to pass this responsibility and liability on to you. You will not be able to take action against us if you suffer losses or damages in these circumstances. your violation of these Terms; or any comments or postings you may make on any of our social media platforms.
These Terms together with the Privacy Policy constitutes the entire agreement between you and us in respect of your access to and use of the Website. Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
12 APPLICABLE AND GOVERNING LAW
The Website is controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms.
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