WELCOME TO VIEWSOUTHAFRICA.COM
Thank you for visiting the ViewSouthAfrica.com website. ViewSouthAfrica.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at ViewSouthAfrica.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future ViewSouthAfrica.com service or visit or purchase from any business affiliated with ViewSouthAfrica.com, whether or not included in the ViewSouthAfrica.com Web site, you also will be subject to the guidelines by using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.
TERMS AND CONDITIONS
These Membership Terms and Conditions apply where you choose to register as a Member of this website (the "Site"). This site and the related sites are offered to you ("Your"/"You") by ViewSouthAfrica.com.
Please read these Membership Terms and Conditions carefully before registering on the site as a Member. If you do not agree to these Membership Terms and Conditions, then you SHOULD NOT register as a Member.
1 Acceptance of Membership Terms and Conditions
1.1 By clicking "Accept" to register you will be deemed to have consented to these Membership Terms and Conditions.
1.2 We reserve the right to change or update these Membership Terms and Conditions from time to time.
2 Description of Membership and Subscription
2.1 As a Member, you can take advantage of many services on the site for free. However other areas of the site require payment of a Member subscription.
2.2 Member subscription payments can be made in South African Rands.
2.3 Please note that any Member subscription paid by you is subject to a minimum contractual period of one month.
3 License and Site Access
3.1 ViewSouthAfrica.com grants you a limited membership license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ViewSouthAfrica.com.
3.2 This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
3.3 This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ViewSouthAfrica.com.
3.4 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ViewSouthAfrica.com and our affiliates without express written consent.
3.5 You may not use any meta tags or any other "hidden text" utilizing ViewSouthAfrica.com's name or trademarks without the express written consent of ViewSouthAfrica.com.
3.6 Any unauthorized use terminates the permission or license granted by ViewSouthAfrica.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ViewSouthAfrica.com so long as the link does not portray ViewSouthAfrica.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
3.7 You may not use any ViewSouthAfrica.com logo or other proprietary graphic or trademark as part of the link without express written permission.
4 Age of Consent
4.1 You must be 18 years or over to register as a Member. If we discover or have any reason to suspect that you are not over 18 years of age, then we reserve our right to suspend or terminate your Membership to this site immediately and without notice.
4.2 If you are under 18, you may use ViewSouthAfrica.com only with consent of a parent or guardian. ViewSouthAfrica.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content in their sole discretion.
5 Password Member Name and Security
5.1 Upon registration as a Member, you will select a Password and Member Name that you can use to access Your Member Account and Profile and to log on to the Members' area of the site.
5.2 You are responsible for maintaining the confidentiality of your Member Name and Password. You are responsible for all activities that occur under the use your Member Name and Password. We do not have the means to check the identity of people using the Members' area of the site and will not be liable where your Member Name or Password is used by someone else.
5.3 You agree to notify us immediately of any unauthorised use of your Member Name or Password or any other breach of security of which you become aware.
5.4 ViewSouthAfrica.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply.
6 Warranties
6.1 You warrant that:
6.1.1 You are over 18 years of age;
6.1.2 all information and details provided by you to us (including on registration as a Member) are true, accurate and up to date in all respects and at all times (see our Privacy Policy for details on how to update your personal data); and
6.1.3 You will comply with these Membership Terms and Conditions including, without limitation, the restrictions relating to acceptable use set out at section 6 below.
6.1.4 You agree to indemnify and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and Membership arising from any breach or suspected breach of these Membership Terms and Conditions by you or your violation of any law or the rights of any third party.
7 Acceptable Use
7.1 In consideration of the availability of the ViewSouthAfrica.com site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such ViewSouthAfrica.com site or Service. You acknowledge that ViewSouthAfrica.com may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
7.2 We support the free flow of information and ideas over the Internet and do not actively monitor use of the site, including the Members' area under normal circumstances. We seek to balance this aim with our obligations to other Members and at law however. We also therefore require that you do not:
7.2.1 impersonate another person or Member;
7.2.2 use the site to conduct any fraudulent activity;
7.2.3 access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the site security measures;
7.2.4 have more than one Member Account at any time.
7.2.5 post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a ViewSouthAfrica.com site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a ViewSouthAfrica.com site, any of the Services, or the Internet;
7.2.6 post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
7.2.7 post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
7.3 We may take any or all of the following action at our discretion:
7.3.1 remove any Member profile, in our sole discretion may be inappropriate or we suspect to be illegal, subject us to liability or which may violate these Membership Terms and Conditions or where required to do so by law;
7.3.2 suspend or terminate a Member's access to the Members' area of the site or a Member's Account without notice at any time;
7.3.3 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
7.3.4 bring legal action against a Member or other user of the site in relation to any breach of these Membership Terms and Conditions or any illegal or suspected illegal activity.
We will determine what action is appropriate to be taken against a Member on a case by case basis.
7.4 You acknowledge that we may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to you.
8 Cancellation
8.1 Your Membership services commence immediately when you submit your registration, or subscription. This means that, subject always to your right to terminate as set out below. You will not be able to cancel the services after this point.
9 Termination of Membership
9.1 Subject to paragraph 8, you can terminate your Membership at any time by notifying ViewSouthAfrica.com at customerservice@ViewSouthAfrica.com.
9.2 Please note that any Member subscription paid by you is subject to the contractual period. This means that, where you choose to terminate your Member subscription before the expiry of this period, you will not receive any refund.
9.3 No refunds will be paid by us where your Membership is terminated by us as a consequence of your breach of these Membership Terms and Conditions.
10 Copyright and Other Intellectual Property Rights
10.1 Your use of the site grants no rights to you in relation to copyright, trade marks or other of our intellectual property rights or the intellectual property rights of third parties.
10.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the site except for your own personal, non-commercial use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
10.3 All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ViewSouthAfrica.com Tourism (Pty) Limited or its content suppliers and protected by South African and International copyright laws. The compilation of all content on this site is the exclusive property of ViewSouthAfrica.com Tourism (Pty) Limited and protected by South African and International copyright laws. All software used on this site is the property of ViewSouthAfrica.com (Pty) Limited or its software suppliers and protected by South African and International copyright laws.
11 Applicable Law
11.1 By visiting ViewSouthAfrica.com, you agree that the laws of the Republic of South Africa without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ViewSouthAfrica.com or its affiliates.
12 Disputes
12.1 Any dispute relating in any way to your visit to ViewSouthAfrica.com or to products you purchase through ViewSouthAfrica.com shall be submitted to confidential arbitration in Johannesburg, South Africa, except that, to the extent you have in any manner violated or threatened to violate ViewSouthAfrica.com's intellectual property rights, ViewSouthAfrica.com may seek injunctive or other appropriate relief in any state or federal court in the Republic of South Africa, and you consent to exclusive jurisdiction and venue in such courts.
12.2 Arbitration under this agreement shall be conducted under the rules then prevailing. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
13 Limitation of Liability
13.1 Whilst we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the site will be free from errors or omissions.
13.2 This site is provided by ViewSouthAfrica.com on an "as is" and "as available" basis. ViewSouthAfrica.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
13.3 ViewSouthAfrica.com and its affiliates attempt to be as accurate as possible. However, ViewSouthAfrica.com does not warrant that photo descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ViewSouthAfrica.com itself is not as described, your sole remedy is to notify ViewSouthAfrica.com who may remove or edit content at their sole discretion.
13.4 Access to this site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond our control.
13.5 Save that nothing in this paragraph 13 shall restrict your statutory rights (including your right to receive a reasonable standard of service), all content and services on this site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the site or its content, including, without limitation information provided by or regarding other Members. We can not vet all Member profiles and entries to ensure that they are appropriate or correct.
Any decision made or action taken by you on the basis of information provided on or via the site is at your sole discretion and risk.
13.6 Due to the fact that many technical aspects of the site and the content provided herein is supplied by or otherwise dependent on third parties, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this site.
13.7 We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by you or other Members of the site that is in contravention of these Membership Terms and Conditions or is not directly attributable to our negligence. Where we are liable for direct loss this will be limited to a maximum of the total price of the Member Subscription paid to us by you in the 3 months prior to the claim.
13.8 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence.
14 Reviews, Comments, Communications and Other Content
14.1 Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation.
14.2 You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. ViewSouthAfrica.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
14.3 If you do post content or submit material, and unless we indicate otherwise, you grant ViewSouthAfrica.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
14.4 You grant ViewSouthAfrica.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ViewSouthAfrica.com or its affiliates for all claims resulting from content you supply. ViewSouthAfrica.com has the right but not the obligation to monitor and edit or remove any activity or content.
14.5 ViewSouthAfrica.com takes no responsibility and assumes no liability for any content posted by you or any third party.
15 Security and Privacy
15.1 Your security and those of all our Members is very important to us. Please read our Privacy Policy for important information regarding the use of your personal data and your rights in relation to this.
16 General
16.1 We shall not be liable for any failure for any suspension, or termination of access to the site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting us or our suppliers.
16.2 If any of these Membership Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
17 Electronic Communications
17.1 When you visit ViewSouthAfrica.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site.
17.2 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18 Copyright Complaints
18.1 ViewSouthAfrica.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way, or copyright infringement has taken place, email us with your complaint.
19 Complaints and Feedback
19.1 If you have any complaints about any aspect of the site or if you have any questions or would otherwise like to provide any other feedback, then you can contact us by emailing: customerservice@ViewSouthAfrica.com.
20 Site Policies, Modification, And Severability
20.1 Please review our other policies, posted on this site. These policies also govern your visit to ViewSouthAfrica.com.
20.2 We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
21 Site Maintenance
21.1 ViewSouthAfrica.com retains the right to amend / remove / add functionality as they deem fair and fit.
21.2 ViewSouthAfrica.com retains the right to add or remove images as they deem fit.
21.3 ViewSouthAfrica.com retains the right to add / amend / remove locations as they deem fit. |