Keystone Software Limited Web Site
Agreement
The www.eastcapebookings.co.za Web Site (the "Site") is an online
information service provided by Keystone Software Limited
("www.eastcapebookings.co.za "), subject to your compliance with
the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING
THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
www.eastcapebookings.co.za MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are www.eastcapebookings.co.za, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
www.eastcapebookings.co.za a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to www.eastcapebookings.co.za by all means and in any
media now known or hereafter developed. You also grant to
www.eastcapebookings.co.za the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
www.eastcapebookings.co.za for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to www.eastcapebookings.co.za.
TRADEMARKS.
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of
www.eastcapebookings.co.za. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by www.eastcapebookings.co.za,
www.eastcapebookings.co.zadoes not operate, control or endorse any
information, products or services on the Internet in any way.
Except for www.eastcapebookings.co.za- identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are offered
by third parties, that are not affiliated with
www.eastcapebookings.co.za a. You also understand that
www.eastcapebookings.co.za cannot and does not guarantee or warrant
that files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. www.eastcapebookings.co.za PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND www.eastcapebookings.co.za SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. www.eastcapebookings.co.za DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR
MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. www.eastcapebookings.co.za HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.eastcapebookings.co.za BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
www.eastcapebookings.co.za OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
www.eastcapebookings.co.za LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
www.eastcapebookings.co.za makes no representations whatsoever
about any other web site which you may access through this one or
which may link to this Site. When you access a
non-www.eastcapebookings.co.za web site, please understand that it
is independent from www.eastcapebookings.co.za, and that
www.eastcapebookings.co.za has no control over the content on that
web site. In addition, a link to a www.eastcapebookings.co.za web
site does not mean that www.eastcapebookings.co.za endorses or
accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
www.eastcapebookings.co.za, its officers, directors, employees,
agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of www.eastcapebookings.co.za
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you on its
own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of South Africa applicable to agreements made and to
be performed in South Africa. You agree that any legal action or
proceeding between www.eastcapebookings.co.za and you for any
purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in South Africa . Any cause of
action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
www.eastcapebookings.co.za's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. www.eastcapebookings.co.za
may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not expressly granted herein are reserved.
