This agreement (“Agreement”) is entered into between you (“User,” “Account Holder,” or “Registered User”) and JillElizabeth (Pty) Ltd trading as “Cape Review” (“Cape Review,” “we,” “our,” or “us”). By accessing or using Cape Review’s online website and application directory (the “Services”), you agree to be bound by the terms and conditions set forth below. Please read this Agreement carefully before using our Services.
- Services Provided
The Services are provided solely to:
1.1. Assist customers in exploring the Western Cape Food, Drink, and Adventure Service offerings, posting Content, and searching for local services; and
1.2. Assist tourism and hospitality businesses in engaging with customers and potential customers by way of free and/or paid-for services offered by or through Cape Review.
- Prohibited Activities
You agree not to engage in the following prohibited activities while using our Services:
2.1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products, or services obtained from or through the Services, except as expressly permitted under this Agreement.
2.2. Use the Services or Content for any commercial purpose outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by Cape Review.
2.3. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Services, including but not limited to user profiles and photos, using any robot, spider, scraper, or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission.
2.4. Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services.
2.5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
2.6. Deep-link to any portion of the Services for any purpose without our express written permission.
2.7. “Frame,” “mirror,” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization.
2.8. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Cape Review in connection with the Services.
2.9. Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of any Content.
2.10. Download any Content unless it is expressly made available for download by Cape Review.
- User-Generated Content and Reviews
By using any Interactive Areas, you expressly agree only to submit Content that complies with Cape Review’s published guidelines, as are in force at the time of submission and made available to you by Cape Review. You expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Services any Content that:
3.1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
3.2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
3.3. Would constitute, encourage, promote, or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national, or international law.
3.4. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
3.5. May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
3.6. Constitutes mass mailings or “spamming,” “junk mail,” “chain letters,” or “pyramid schemes.”
3.7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Cape Review.
3.8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers, and credit card numbers.
3.9. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
3.10. Includes or is intended to facilitate viruses, corrupted data, or other harmful, disruptive, or destructive files.
3.11. Is unrelated to the topic of the Interactive Area(s) in which such Content is posted.
3.12. In the sole judgment of Cape Review, (a) violates the previous subsections herein, (b) violates Cape Review’s related guidelines as made available to you by Cape Review, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose any of Cape Review or their users to any harm or liability of any type.
- Business Listings and Reviews
4.1. Cape Review allows third-party clients to list their businesses under two options: Free and Premium on a monthly or annual subscription basis. Users may write reviews on third-party listings.
4.2. Cape Review is not liable for incorrect information provided by third parties or for malicious reviews posted by Account Holders or Registered Users.
- Subscription and Cancellation
5.1. Users may subscribe to Premium business listings on a monthly or annual basis. A 30-day cancellation notice period applies.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.
By using the Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with these terms, please do not use the Services.