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The following are the terms and conditions for use of www.bayviewboating.co.za charters service including without limitation general content, classifieds, directories and search functions (each feature individually and collectively referred to as the "service"). The Service is offered on condition of acceptance, without modification of the terms, conditions, and notices contained herein.
MODIFICATION OF THESE TERMS AND CONDITIONS
www.bayviewboating.co.za reserves the right to change the terms, conditions, and notices under which the www.bayviewboating.co.za Web Site is offered, including but not limited to the charges associated with the use of the www.bayviewboating.co.za Web Site.
USER PRIVACY
It is www.bayviewboating.co.za policy to respect the privacy of its users. www.bayviewboating.co.za will not monitor, edit, or disclose any personal information about any user or his/hers use of the Service, including its contents, without his/hers prior permission, unless www.bayviewboating.co.za has a good faith belief that such action is necessary to:
- conform to legal requirements or comply with legal process;
- protect and defend the rights or property of www.bayviewboating.co.za; or
- act to protect the interests of its members or others.
www.bayviewboating.co.za may provide certain user information in aggregate form to third parties, including its advertisers, for demographics. For more information, see the Privacy Statement.
LINKS TO THIRD PARTY SITES
The www.bayviewboating.co.za Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of www.bayviewboating.co.za and www.bayviewboating.co.za is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. www.bayviewboating.co.za is not responsible for webcasting or any other form of transmission received from any Linked Site. www.bayviewboating.co.za is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.bayviewboating.co.za of the site or any association with it's operators.
USER CONDUCT
As a condition of your use of the Service, you warrant to www.bayviewboating.co.za that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your use of the Service. By way of example, and not as a limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, distribute or disseminate any inappropriate, profane, pornographic, defamatory, infringing, obscene, indecent or unlawful material or information.
- Advertise or offer to sell, buy, let or rent any goods or services for any other than the purpose intended by www.bayviewboating.co.za and described on this site.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not entitled thereto any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the Terms and Conditions.
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful programs.
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and/or have received all necessary consents.
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.
- www.bayviewboating.co.za has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, www.bayviewboating.co.za reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. www.bayviewboating.co.za and/or its respective suppliers may make improvements and/or changes in the Service at any time. www.bayviewboating.co.za does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. www.bayviewboating.co.za does not warrant that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that www.bayviewboating.co.za shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that www.bayviewboating.co.za is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
You specifically agree that www.bayviewboating.co.za is not responsible for any content sent using and/or included in the Service by any third party. www.bayviewboating.co.za and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The Service is provided "as is" without warranty of any kind. www.bayviewboating.co.za and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall www.bayviewboating.co.za and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service or related web sites, with the delay or inability to use the Service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if www.bayviewboating.co.za or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service and its related web sites.
INDEMNIFICATION
You agree to indemnify and hold www.bayviewboating.co.za, its parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
TERMINATION
www.bayviewboating.co.za may terminate access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. www.bayviewboating.co.za shall not be responsible or liable for any part of any such dealings or promotions.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by www.bayviewboating.co.za, or www.bayviewboating.co.za Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.
GENERAL
This agreement is governed by the laws of the Republic of South Africa. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and www.bayviewboating.co.za as a result of this agreement or use of the Service. www.bayviewboating.co.za performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of www.bayviewboating.co.za right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by www.bayviewboating.co.za with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and www.bayviewboating.co.za with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and www.bayviewboating.co.za with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and www.bayviewboating.co.za agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. |
