Please read these terms and conditions before registering with Mycape South Africa | (www.Mycape.co.za.co.za)
Mycape.co.za (www.Mycape.co.za.co.za) is an online directory portal of leisure activities & restaurants by private as well as commercial advertisers. Our members have listed their items for the purpose of advertising to the general public and tourist / visitors to the Western Cape. By registering with this site, or utilizing any service on this site, you signify your acceptance of these Terms and Conditions of Service as set forth below.
Mycape.co.za.co.za reserves the right to modify, remove, or add to these terms and conditions at any time without prior notice where after such changes become effective immediately.
Regularly make yourself familiar with the latest terms and conditions of use whenever accessing or using our website. If you do not agree with all of the terms of this Agreement, you may not access or use any part of this service.
CONTENT & LIABILITY
By using www.Mycape.co.za.co.za to search our database of leisure activities and restaurants, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you may not use the contact details provided by advertisers to contact such advertisers other than in connection with a genuine information enquiry relating to the listings in question.
The listings contained on the Mycape.co.za.co.za website are submitted by third parties and may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material on Mycape.co.za.co.za is only for information purposes. The material does not constitute advice and you should not rely on any material on the Website to make, or refrain from making, any decision or take, or refrain from taking any action.
We give no warranties, conditions, guarantees or representations, express or implied, as to:-
(a) the completeness or accuracy of any material contained on the Website or any website to which it is linked;
(b) the content of the listings and advertisements included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such advertised items, places or establishments;
(c) the completeness of the results of any search of our database or that the items selected by the search are the only listings on our database which might meet the searcher’s requirements.
OUR SERVICES & OBLIGATIONS
Mycape.co.za (www.Mycape.co.za.co.za) is an online directory portal of leisure activities & restaurants by private as well as commercial advertisers. Most or all information & listings on the Mycape.co.za website are submitted and published by third party advertisers themselves.
Mycape.co.za are only responsible for publishing related listings on the Mycape.co.za.co.za website. Mycape.co.za do not own any of the goods, services or listings advertised on the Website and have no affiliation with any of the private or commercial listed items on our website.
Mycape.co.za relies on the integrity and responsibility of the listing parties and we cannot verify the existence or content of any item or place and cannot and does not guarantee accurate information of any kind. Mycape.co.za is not responsible for the accuracy of the listings or the actions of members, and claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of this website.
Members and users of all the services on the website (Mycape.co.za.co.za) take sole responsibility for any and all agreements reached through the use of this site.
Should any information provided by members be found to be grossly misrepresented, Mycape.co.za reserves the right to remove, at our discretion, any listing at any time without notice or refund. Mycape.co.za may also terminate any listing or membership at any time for any other reason or for no reason at all at our sole discretion, in which case the member will be entitled only to a pro rata refund of any fee paid.
DISCLAIMER (INDEMNIFICATION)
The use of the Mycape.co.za | www.Mycape.co.za.co.za Website and any information obtained from the site as well as published on the site is entirely at your sole risk.
Please take note that Mycape.co.za is a passive facilitator only in the publication and online hosting of advertisements placed by third parties to advertise their items, establishments and/or other goods and/or services. We do not own any, not do we have any affiliation to the items advertised on the Website and have no liability for these or for any losses that you may incur as a result of purchasing an item, goods and/or any services advertised by third parties. If you choose to purchase an items, goods and/or services advertised for sale by third parties on the Website, the contract will be between you and the third party advertiser and not with us.
Mycape.co.za make no warranty, either expressed or implied, about the information provided in the private listings on our website. Mycape.co.za is not party to, and bear no responsibility for any agreement or contract entered into by our members & website users of information provided on this website.
Members & all website users agree that we shall not be liable for any direct, indirect, consequential or other damages whatsoever, regardless of the form of the claim, including but not limited to liability for cancellations, injuries to persons or damages to property, including property, vehicles or other personal belongings.
Mycape.co.za shall not be liable for any lost profits, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, punitive, incidental or consequential damages or any claim against us by any other party. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall we be liable for any amount in excess of the possible listing fees paid by the member.
Mycape.co.za make no warranty that the Website, or any other websites which are linked to our website, is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software. We also do not warrant that the website shall operate uninterrupted, timely, or error-free.
YOUR OBLIGATIONS AS A MYCAPE.CO.ZA MEMBER
To gain access to certain services on the Website you will need to register. As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.
The privacy of your login information and password is your own responsibility and we urge you to keep it safe. We do not recommend that you disclose your password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password. It might be a good idea to change your password from time to time at your user profile page.
Please do not allow third parties to use your login details to access the website or share any members’ private information with third parties.
Members shall not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another’s computer or gain otherwise unauthorized access to the computer.
Please encourage your friends, extended family members as well as colleagues to join Mycape.co.za as the greater the choice of items listed, the better experience for all members.
Please keep your listing details up to date and if your telephone number or email address changes, please update your listing otherwise potential interested parties will not be able to contact you.
Members have the option to terminate their Mycape.co.za listings and/or accounts at any time by deleting it in the user dashboard or by contacting Customer Service. Refunds will not be given when members terminate their listings or accounts.
All sellers must ensure that any vehicle listing, including any information and photographs therein, placed on the website is honest and legal, and does not breach any third party intellectual property rights. The private seller is responsible for any complaints or legal actions in respect of their listings and indemnifies and holds Mycape.co.za harmless from any and all costs, damages and other losses, arising from, or in connection with, the publication of any listing on the website. (Please refer to Disclaimer above)
INTELLECTUAL PROPERTY (COPYRIGHT)
Please be advised that the Mycape.co.za website and all content contained therein, as well as all individual elements making up the site, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and international law. Please be hereby notified that any disclosure, copying distribution, publishing, selling, reproduction or action in reliance on the contents of this website’ s content is strictly prohibited and is unlawful.
The content of this website is the copyright of Mycape.co.za and all trade mark, domain names, design rights, database rights and other intellectual property rights therein shall remain vested in Mycape.co.za and is protected from infringement by local and international legislation and treaties.
CHANGING OF WEBSITE OWNERSHIP
Mycape.co.za reserve the right that we may sell or buy other assets or someone else may take over the running of the Site and the Services without the members’ consent.
You acknowledge further that the legal status of Mycape.co.za and/or its owners may change. In these types of transaction, customer information generally is one of the assets transferred and you acknowledge that your data could be transferred as part of that process and you consent to such transfer.
In the event that Mycape.co.za is sold to another entity, or enters into an agreement with another company to share listings, Mycape.co.za or its successor will give notice to the member who may opt out by terminating his / her membership.
ENTIRE AGREEMENT
These terms and conditions of service constitute the entire agreement between you and Mycape.co.za, and displace all prior agreements, except as expressly provided.
This Agreement may not be modified, supplemented, or changed, and no provision herein may be deemed waived, in whole or in part, except by a written instrument.
Last Updated: 1 December 2015