Terms & Conditions
Last Updated: 24 July 204.
Acceptance of Terms
These Terms and Conditions (“Terms and Conditions”) govern your use of the Cape Grace website located at www.capegrace.com. By accessing and using the website you agree to be bound by the Terms and Conditions set out in this legal notice. If you do not wish to be bound by these Terms and Conditions, you may not access the website. All rights of any kind in respect of this Website and the Content which are not expressly granted in these Terms are entirely and exclusively reserved to and by Cape Grace.
Changes to Terms
Cape Grace reserves the right to revoke all rights in these Terms without notice, at any time, and for any or no reason. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is your responsibility to periodically check these Terms and Conditions at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Privacy Policy
Cape Grace receives various types of information from you during the reservations process or otherwise. Our reservations are managed by the Fairmont.com Booking Engine. You can access those Terms & Conditions here: https://www.fairmont.com/terms-and-conditions/
Our Privacy Policy governs the website and explains the collection and use of personal information by Cape Grace. Our Privacy Policy is available on our website for review at https://www.capegrace.com/privacy-policy/.
Intellectual Property Rights
All rights in and to the content, which includes but is not limited to the text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, of this website is reserved and retained by Cape Grace, its affiliates or subsidiaries or any other third-party owner of such rights. Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property right in or to the content. You may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, material on this website.
The Website displays content (the “Content”) which is comprised of:
- copyright (the “Copyright”) in copyrighted works, including without limitation literary works, artistic works, sound recordings and cinematographic films, owned by the proprietors of such copyrighted works, including Cape Grace and other third party owners of such Content (the “Content Providers”); and
- trade marks, trade names, service marks, logos, style names, trading names and any slogans (the “Trade Marks”), which are proprietary to Cape Grace or an affiliated entity.
All such Copyright and Trade Marks are protected by South African and International copyright and trade mark laws. All rights in and to the Copyright and the Trade Marks in the Content is reserved and retained by Cape Grace and/or the Content Providers, as the case may be.
The User is entitled to access the Website and download, reference, reproduce and use the Content for the sole purpose of the provision of information. Under no circumstances is the User entitled to access, download, reproduce or use any of the Website or the Content for any purpose other than the purpose expressly set out above.
All Content downloaded or otherwise copied from the Website may only be presented regardless of format, in conjunction with the appropriate copyright and trade mark notices, as provided on the Website.
In reproducing the Trade Marks as authorised herein, the User shall cause these to be reproduced exactly and accurately as these appear on the Website. The User shall not use or reproduce the Content in a manner which would in any way damage, injure or impair the reputation of Cape Grace or the Trade Marks.
Only with prior written permission, may a third-party site link to this website provided that the link is pointed directly to the homepage of the Cape Grace website only. The link may not portray Cape Grace, its affiliates, or their products or services in a false, misleading, derogatory, or offensive manner. You may not use the Cape Grace logo or any other proprietary graphic or trademark as paart of the link without the express written permission of Cape Grace.
Use of the Site & Termination
Cape Grace. reserves the right to stop the User from accessing and using the Website and reproducing, downloading and using the Content, upon breach of any Terms set out herein, and to make any claims or institute legal action or take any steps that Cape Grace deems appropriate to address such breach.You may not use the website for offensive, defamatory, incorrect or untrue disclosure to any persons. All trademarks, logos and icons may not be used without the prior permission of Cape Grace. Any unauthorised use of the Cape Grace website may result in termination of your account at any time. We reserve the right to change or discontinue the content and/or services available from the Cape Grace website without prior notice. Cape Grace may also suspend or terminate the website application at any time without prior notice.
You shall not decompile and/or reverse engineer the source code of the website.
These website Terms and Conditions shall apply in respect of all persons accessing this website, or otherwise providing Cape Grace with Personal Information, including minors. If you are a minor (under 18 years of age), you may use this website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use this website, you will be bound by legal obligations and liabilities that you may incur as a result of your use of this website and the services. You agree to supervise all usage by minors of this website under your name or account.
You are responsible for maintaining the confidentiality and security of your name and password for access to the website and you accept full liability for all activities that occur on or related to the website under your name. You may not impersonate another user accessing the website, nor provide false information to gain access to the website.
Without limiting the generality of the foregoing, the website or mobile application could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new additions of this website. Merchandise visuals on the website may not necessarily be available for purchase at the Cape Grace.
Limitation of Liability
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on the website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this website or mobile application.
Due to the nature of the Internet, Cape Grace is unable to guarantee that any products and services or any website accessible by the website are virus or error free. We therefore suggest that you check all e-mails, attachments and files before downloading them. Cape Grace, and any holding company, supplier, employee, director, partner, affiliate and agent, and any third party owner of rights or products (“the Owners”) make no warranty or representation as to the availability, accuracy or completeness of any third-party content accessible via an Internet link.
Neither the Cape Grace nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of the website or any functionality thereof, or of any linked website, even if Cape Grace is expressly advised thereof.
You are encouraged to report untrue, inaccurate, defamatory or any other information necessary to Cape Grace. Cape Grace will not be liable for costs incurred by you to obtain professional advice relating to any Cape Grace Terms and Conditions in any section of the Cape Grace website.
Promotions and Campaigns
We may at times use this website to promote and offer the opportunity to participate in promotions, campaigns and special offers. All promotions and campaigns will be governed by their own Terms and Conditions. During the running of the campaign or promotions we may transfer personal information to a third party, being a sponsor or partner. All details of the collection of information for the duration of the promotion and/or campaign will be made available at the time of your acceptance to participate.
Some of these promotions or campaigns may have the ability to send the offer to a friend with your comment. Should you choose this offer, we reserve the right to collect your friend(s) information.
Links to other Websites
The Cape Grace website may contain links to other sites which are not within our control. These other websites will have their own policies and we cannot be held responsible for these or any other terms and conditions that may be within these sites. The Cape Grace does not accept any liability or any loss or damage as a result of the products, services, content or information obtained through these third party websites.
Governing Law
You agree to comply with all laws applicable within the Republic of South Africa relating to the use of the Cape Grace website. This website is controlled, operated and administered by Cape Grace from its offices as set out below within the Republic of South Africa. Cape Grace makes no representation that the content is appropriate or available for use in certain locations or countries.
Access to the website from territories or countries where the content is illegal is prohibited. You may not use this website in violation of South African export laws and regulations. If you access this website or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the High Court of South Africa in the event of any dispute.
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
Limitations of action against us
These Terms and Conditions constitute the entire agreement between Cape Grace and you concerning the use of the content and this website.
Cape Grace offers you the ability to file complaints via the “Contact us” service of the website www.capegrace.com.
In the event that you need to contact Cape Grace for purposes related to these Terms and Conditions, please us the following:
Telephone: +27 21 410 7100
E-mail: capegrace.info@farimont.com