Website Usage Terms & Conditions
Website usage terms and conditions
In terms of section 11(3) of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the Common Law of Contract, these terms and conditions are valid, binding and enforceable against all persons that access this website, webpages or any part thereof.
Allowed use and license
1.1 Ker & Downey Africa licenses the User to view, download and print the content of this Website, provided that such content is used for private, personal, educational and/or non-commercial purposes only;
1.2 Content from this Website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Ker & Downey Africa;
1.3 Users may only access, browse and use this Website for legitimate personal or commercial purposes and may not use this Website or any Ker & Downey Africa services and/or products for:
1.3.1 Harmful purposes;
1.3.2 Illegal purposes;
1.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
1.3.4 The creation, storage and sending of unsolicited commercial communications.
1.4 The caching of this Website shall only be allowed if:
1.4.1 The purpose ofthe caching is to make the onward transmission of the content from this Website more efficient;
1.4.2 The cached content is not modified in any manner whatsoever;
1.4.3 The cached content is updated at least every 12 (twelve) hours; and
1.4.4 The cached content is removed or updated when so required by Ker & Downey Africa.
1.5 If any User uses content from this Website in breach of the provisions detailed herein:
1.5.1 Ker & Downey Africa reserves the right to claim damages from the User;
1.5.2 Ker & Downey Africa reserves the right to institute criminal proceedings against the User; and
1.5.3 Ker & Downey Africa shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
1.6 Ker & Downey Africa shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Persons that wish to link to content beyond the homepage of this Website shall do so at their own risk and indemnify Ker & Downey Africa against any loss, liability or damage that may result from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Ker & Downey Africa non-liability for deep linking is based on the fact that deep links bypass these terms and conditions;
1.7 Users may quote small and reasonable amounts of content available from this Website only if such quote is placed in inverted commas and acknowledged;
1.8 No person may frame this Website, in any manner whatsoever, without the prior written consent of Ker & Downey Africa;
1.9 Apart from bona-fide search engine operators and use of the search facility provided on this Website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from this Website for any purposes, without the prior written consent of Ker & Downey Africa;
1.10 E-mail addresses, names, telephone numbers, and fax numbers published on this Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this Website may be used to communicate unsolicited communications to Ker & Downey Africa and all rights detailed in Section 45 of the ECT Act are reserved; and
1.11 All licenses and/or permissions granted in terms of this clause 1 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Ker & Downey Africa at any time without prior notice or giving reasons therefore.
Intellectual property rights
2.1 All intellectual property on this Website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Ker & Downey Africa and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on this Website are expressly reserved; and
2.2 No person may use logos, icons, or trade marks from this Website as hyperlinks or other purposes without Ker & Downey Africa prior written consent.
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 this Website and/or download content from this Website.
Disclosures required by section 43 of the ECT Act and terms of services
These terms and conditions govern the sale of goods and / or the provision of services from or through this Website. Access to the services, content, software and downloads available from this Website may be classified as electronic transactions, as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Ker & Downey Africa has, amongst others, the duty to disclose the following information:
Full name and registration number of website owner:
Ker & Downey Africa (Pty) Ltd, registration number 2012/040317/07
Street address: 12th Floor, 2 Long Street, Cape Town, 8001,
South Africa Postal address: PO Box 51243, V&A Waterfront, Cape Town, 8002
South Africa Telephone number: +27 21 201 2484
Official email address: [email protected]
VAT registration number: 4230269955
Membership of self-regulatory or accreditation bodies:
Cape Town Tourism: http://www.tourismcapetown.co.za
Directors of Ker & Downey Africa
Lee Kelsall & Jeff Squire
Physical address for receipt of legal service
12th Floor, 2 Long Street, Cape Town, 8001
This Website offers, facilitates or enables the following services:
Travel information; Access to this Website; The inability to access this Website; The services and content available from this Website; or These terms and conditions; Travel ideas; Specialist vacation consulting; Travel advice; Safari planning; and Travel enquiries.
Alternative dispute resolution
Subject to urgent and/or interim relief, all disputes regarding Ker & Downey Africa or the Website usage terms & conditions shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and Client.