Please read the following Website Legal Notice carefully as it contains the Terms and Conditions of Usage of the Capeflats.co.za Website, Web pages or any part thereof (located at http://Capeflats.co.za) (the “Website”) owned by Capeflats.co.za as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”). You will be subject to the Website Legal Notice in force at the time that you use the Website. For the avoidance of doubt, the Website Legal Notice available on the Website at the time of each of Your Website usage sessions shall govern the relevant session.
WEBSITE TERMS AND CONDITIONS OF USAGE
The User’s (Your) registration on and/or usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Capeflats.co.za. This agreement was last revised on 31 January 2024. You are advised to regularly check these Terms and Conditions for any amendments or updates.
Enquiries regarding the Website: [email protected]
1.1. Enforceability:
These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
1.2. Usage:
Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the Website. The Website is not intended for persons under the age of 18, and Capeflats.co.za does not knowingly collect personally identifiable information from users under the age of 18.
1.3. LIMITED LIABILITY OF Capeflats.co.za:
THE USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USAGE OF THE WEBSITE AND RELIANCE ON THE WEBSITE CONTENT IS AT THE DISCRETION AND RISK OF THE USER. Capeflats.co.za, IN ITS DISCRETION, RESERVES THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: CONTENT, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE OF THE WEBSITE. Capeflats.co.za SHALL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE; HOWEVER, Capeflats.co.za TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND THE CONTROL OF Capeflats.co.za.
1.4. No Warranty:
The Website has not been tailored to any specific individual User’s requirements and is provided to the public as a whole; based thereon the information contained on the Website is provided by Capeflats.co.za and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. Capeflats.co.za makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, Capeflats.co.za makes no warranties or representations as to the accuracy of the content, information, and materials contained in this Website which are provided to you, as is and as available.
1.5. Indemnification of Capeflats.co.za:
Subject to clause 1.1 above, You agreed to defend, indemnify and hold Capeflats.co.za, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees, resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
1.6. Unauthorised Use of the Website:
The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Capeflats.co.za or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of Capeflats.co.za or which constitutes advertising of goods or services in the absence of written approval from Capeflats.co.za.
Unauthorised use of this Website may give rise to Capeflats.co.za instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.6.1. The caching of the Website shall only be allowed if:
1.6.1.1. The purpose of the caching is to make the onward transmission of the content from the Website more efficient;
1.6.1.2. The cached content is not modified in any manner whatsoever;
1.6.1.3. The cached content is updated at least every 12 (twelve) hours; and
1.6.1.4. The cached content is removed or updated when so required by Capeflats.co.za.
1.7. Third Party Website Links:
Capeflats.co.za may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, Capeflats.co.za does not investigate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information, alternatively subscribe to any such opinions or recommendations.
1.8. Capeflats.co.za’s Website Links:
The Website may also contain links to other websites which are owned and run by Capeflats.co.za and contains, for instance, further information on the offering of goods and services Capeflats.co.za. These links are provided for Your convenience and for the purpose of providing additional information. Your use of the linked Capeflats.co.za website is governed by the usage terms applicable to that specific website and is not governed by the Terms and Conditions of this Website.
1.9. Use of Capeflats.co.za’s Forum:
Users may participate in discussions and post announcement to a discussion forum and blog available on the Website. Users agree that content provided by them on the Forum remains the sole responsibility of the User from which such content originated. Capeflats.co.za does not control, monitor nor enforce editorial control over any content posted on the services it provides. Capeflats.co.za does, however, retain the right but not the obligation to remove any material from the Forum or Blog which it deems inappropriate, is illegal, of an infringing nature, or is the subject of a complaint.
1.9.1. Users hereby license Capeflats.co.za to publish, use, sub-license, distribute, amend, update and store material posted to the Forum and Blog;
1.9.2. Capeflats.co.za shall not be liable for any damage, loss, liability and/or harm incurred by any person if such harm resulted from a User’s posting to the Forum and Blog;
1.9.3. Users waive all moral rights that may attach to material posted to the Forum and Blog.
1.10. Job and Career Services:
Capeflats.co.za provides a free service whereby registered employers and/or recruitment agencies may, on registration, advertise available positions, careers, vacancies and jobs.
1.10.1. Users interested in positions, careers or jobs advertised on the Website shall initially contact the Advertiser through the messaging service provided for on the Website. Further correspondence may be conducted between the User and Advertiser through other services.
1.10.2. Capeflats.co.za is not responsible for the accuracy or suitability of such advertisements. Capeflats.co.za reserves the right to amend and/or remove advertisements in its sole and absolute discretion.
1.10.3. By posting advertisements to the service, the Advertiser licenses Capeflats.co.za to reproduce and publish the advertisement on the Website.
1.11. Applicable Law, Jurisdiction and Arbitration:
1.11.1. The Website is hosted, controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.
1.11.2. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
1.11.3. Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, with Your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Johannesburg.
1.12.Website Intellectual Property:
This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Capeflats.co.za and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that Capeflats.co.za does not own specific content, or such content falls within the public domain, Capeflats.co.za may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to Capeflats.co.za’s intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Capeflats.co.za and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
1.12.1. commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Capeflats.co.za or in the case of third party content, the owner of that content;
1.12.2. claim or convey ownership of Website content either in its entirety or otherwise;
1.12.3. modify the Website content for the purposes of reposting to other websites;
1.12.4. alter or remove any trademark, copyright or other notice from the Website content;
1.12.5. copy or otherwise incorporate Website content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or
1.12.6. frame the Website or any part of the Website.
1.13.Unsolicited Commercial Communications: You agree not to collect or use any Personal Information listed on the Website, pertaining to Website: Users, contributors, members, clients and/or executives or advisors of Capeflats.co.za for the purposes of transmitting and/or in any manner facilitating the transmission of unsolicited commercial communications.
1.14. Software and Equipment: It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.
1.15. Subscription to Capeflats.co.za: As an ordinary User of the Website (i.e. not a Subscriber) you have read only access to the public content areas of this Website. You will have to subscribe to Capeflats.co.za to receive the Newsletters and further content including, but not limited to, marketing and promotional material. Subscription to Capeflats.co.za is free and on a voluntary basis and by subscribing You authorise Capeflats.co.za to process Your personal information specifically, but not limited to, Your email address. Your consent is effective immediately and shall endure until You revoke Your consent.
Capeflats.co.za TERMS OF SERVICE – ELECTRONIC TRANSACTIONS
The following section contains the terms and conditions applicable to electronic transactions. You will be subject to the Terms in force at the time that You register and/or engage in an electronic transaction. You are advised to download and store these Terms as well as all other documents in force at the time You engage in an electronic transaction. These Terms were last revised on 31 January 2024. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
Enquiries: [email protected].
3.1. Sign Up/Registration:
3.1.1. Capeflats.co.za enables you to sign up online to receive Capeflats.co.za’s services. By signing up: You understand that You are entering into an electronic transaction; You warrant that You have the legal capacity to enter into such transaction and You consent to the terms set out herein.
3.1.2. You warrant that all the Personal Information provided by You during the Sign up process is true, correct and accurate. You undertake to provide Capeflats.co.za with written notification, to [email protected], should any of Your Personal Information, required during the sign up process, change.
3.1.3. You may modify Your account by updating the Your Account tab on the Newsletter Subscription page. Capeflats.co.za will send a link to your email address to modify Your account. It is Your responsibility to apply for the required modification to Your Account and to check Your email and activate the link to modify Your details.
- Capeflats.co.za WEBSITE PRIVACY POLICY
The following provisions contain important information on Capeflats.co.za’s Privacy Policy and include the various consents and permissions provided by You to Capeflats.co.za in respect of use of Your Personal Information. This section of the Website Legal Notice was last revised on 31 January 2024. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates as continued use of the Website constitutes Users’ acceptance of the Policy as amended.
Enquiries: [email protected]
4.1. Privacy and Personal Information:
Capeflats.co.za endeavours to comply with all laws and regulations providing for privacy including, but not limited to, the 1996 South African Constitution and the Electronic Communications and Transactions Act 25 of 2002. For the purpose of this Privacy Policy, Personal Information will be understood in accordance with the definition thereof in terms of the Promotion of Access to Information Act 2 of 2000. Capeflats.co.za seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. In addition thereto Capeflats.co.za seeks to ensure that all Personal Information is processed in compliance with South African law.
4.2. Information Collection and Use: Capeflats.co.za and/or its authorised technology agents collect certain Personal Information from You in connection with Your use of the Website and/or the goods and services provided to You by Capeflats.co.za. This information is used to: make Your visit to the Website and/or Your use of the goods and/or services more efficient; provide You with the requested goods and/or services; enable efficient use of the Website; process transactions concluded by You; process electronic communications and transactions; to administer a competition, promotion or survey or similar interactive activity; or to provide You with newsletters or other periodic emails and/or promotional materials.
4.2.1.1.Website Usage: Personal Information is automatically collected in relation to Your visit to the Website; such information includes but is not limited to: Your browser type and version, as well as Your operating system. In addition thereto, the Website does use different types of cookies. Cookies are small files that are placed on a User’s hard drive in order to keep a record of a User’s interaction with the Website. The following type of cookies will be used: cookies which provide web analytics services, flash cookies and other types of cookies. The Capeflats.co.za hosting agents and/or service providers may automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. The Information collected is for aggregate purposes only and cannot be used to identify You personally.
4.3. Consent to process personal information:
4.3.1.By providing Capeflats.co.za with Your Personal Information for the provision of Capeflats.co.za’s services as well as for marketing and promotional purposes, You expressly consent to having Your Personal Information processed in accordance with this Privacy Policy, the Website Terms and Conditions of Usage and the Electronic Transactions Terms of Service, as the aforementioned documents so apply to You. Processing shall include, without limitation, the collection, receipt, recording, organisation, storage updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking, blocking, degradation, erasure, or destruction of information.
4.3.2.You expressly consent to Capeflats.co.za retaining Your Personal Information once your relationship with Capeflats.co.za has been terminated for: aggregate, statistical and reporting purposes. In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like Capeflats.co.za to remove and/or delete Your Personal Information entirely, You must notify Capeflats.co.za via email at [email protected]
4.3.3.From time to time, Capeflats.co.za may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa, alternatively the country in which You reside and/or operate from. In these circumstances Capeflats.co.za will be required to transmit Your Personal Information outside South Africa, alternatively outside the country in which You reside and/or operate from. The purpose of the trans-border flow of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans-border flow of Your Personal Information.
4.4. Handling of Your Personal information:
4.4.1. You have the right to correct Your Personal Information as well as to revoke Your consent to the processing of Your Personal Information by Capeflats.co.za. You do however understand that Capeflats.co.za requires Your Personal Information to render the Capeflats.co.za services and should You decide to revoke Your consent Capeflats.co.za may not be able to provide You with such services.
4.4.2.In terms of the Promotion of Access to Information Act 2 of 2000 (PAIA), You have the right to request access to any relevant personal data held by Capeflats.co.za as the Website owner, and where such access is necessary for the exercise and/or protection of any of Your rights.
4.4.3.Detailed information on PAIA and the procedure to request access to personal information is available from the website of the Human Rights Commission at www.hrc.org.za.
4.4.4.Capeflats.co.za will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded; these precautions include, but are not limited to: the use of a sufficiently secure server and providing suitably secure payment mechanisms.
4.4.5.Capeflats.co.za will not sell, exchange or transfer Your Personal Information to any third party not required in the provision of Capeflats.co.za’s services unless You have consented thereto.
4.5. Disclosure of Personal Information:
4.5.1. Records relating to the provision of Capeflats.co.za’s services by Capeflats.co.za to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, Capeflats.co.za’s operational purposes and/or for production as evidence by Capeflats.co.za in legal proceedings.
4.5.2.Capeflats.co.za may disclose Your Personal Information under the following circumstances:
4.5.2.1. to comply with the law or with legal process;
4.5.2.2. to protect and defend Capeflats.co.za’s rights, equipment, facilities, and other property;
4.5.2.3. to protect Capeflats.co.za against misuse or unauthorised use of the Website and/or goods and/or services; and/ or
4.5.2.4. to protect other customers or Website Users or third parties affected negatively by Your actions in use of the goods, services and/or the Website.
4.6. Links to other Web sites:
Capeflats.co.za accepts no responsibility for the privacy practices of any third party sites that are linked to the Capeflats.co.za Website and we suggest a review of the privacy policy of any site visited.
