The use of this Website (and the on-line origination services offered) is subject to the following terms and conditions. In addition, all advertising is and remains subject to the General Terms and Conditions of Cape Property. Those General Terms and Conditions can be viewed at (hyperlink). Use of this Website constitutes acceptance of this Terms of Use Agreement and the General Terms and Conditions. All advertising is at the rates referred to in the General Terms and Conditions, i.e. Cape Properties current rate card from time to time.
1. Cape Property does not guarantee uninterrupted or error free use and/or the security of this Website. Cape Property does not accept any liability whatsoever for any loss, whether direct or indirect, consequential or otherwise, by reason of this Website being unavailable or any error in its operation, including by reason of your being unable to submit advertising for publication or data submitted being lost or not published for any reason. Accordingly, any use of the services offered by the Website is entirely at your own risk. In addition, it is your sole responsibility to ensure that you can make alternative arrangements in the event of the Website being unavailable for use.
2. Cape Property reserves the right to decline any advertising submitted by you for publication in any publication of Cape Property. Submission by you of advertising constitutes an offer by you to advertise within the Cape Property's publications on the terms and conditions hereby contemplated. Acceptance of your offer to advertise shall be deemed to be by way of Cape Property publishing the advertising submitted and not by way of acceptance into the origination system of this Website. Acceptance or rejection of advertising is in the sole discretion of Cape Property and reasons for rejection may include, without limiting the generality of the aforegoing, non-payment, advertising content, quality of images received and/or insufficient available space in any publication.
3. You may not use the Website in any manner that could damage, disable, overburden, or impair any Cape Property server, or the network(s) connected to any Cape Property server, or interfere with any other party's use of the Website. You may not attempt to gain unauthorised access to any products, services, other accounts, computer systems or networks connected to any Cape Property server or to any of the products or services through hacking, password mining or any other means. You are expressly prohibited from posting on or transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under any law. Without limiting the rights and remedies of Cape Property, Cape Property may deny you access to all or part of this Website without notice if you engage in any conduct or activities that Cape Property believes in it sole and absolute discretion violates applicable law or any terms of this Website.
4. This Agreement shall for all purposes be governed, interpreted, construed and enforced in accordance with the law of the Republic of South Africa. Regardless of where you access the Website from, you agree to comply with all applicable laws of the Republic of South Africa. You hereby consent and submit to the jurisdiction of the High Court of South Africa, Cape of Good Hope Provincial Division in respect of all proceedings, actions, applications or the like instituted by either party against the other relating in any manner to your accessing or use of, the Website and/or the publishing of any advertising. Each paragraph, clause, term and provision of this Terms of Use Agreement shall be considered severable and if, for any reason, any part of these Terms of Use Agreement is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall not impair the operation of, or have any effect upon such other portions of this Terms of Use Agreement as may otherwise remain valid or intelligible, which shall continue to be give full force and effect and bind the parties hereto.
5. This document (together with the General Terms and Conditions and read in conjunction with any additional terms and conditions as may be recorded on any page of the Websites) contains the entire agreement between the parties relating to these presents and Cape Property shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. For the avoidance of any doubt it is recorded that Cape Property reserves the right to amend these terms and conditions (and the General Terms and Conditions), as it, in its sole and absolute discretion, may deem fit, at any time and without any further notice to you.
6. By accessing and/or using this Website, you confirm that you have read, understood and agree to these terms and conditions and any amended and/or altered terms and conditions, as there may be from time to time. No indulgence, leniency or extension of time, which Cape Property may grant or show to you, shall in any way prejudice Cape Property or preclude Cape Property from exercising any of its rights in the future. Cape Property’s rights and obligations under this Terms of Use Agreement shall be fully assignable and/or transferable by it.
