Kapensis Guesthouse disclaimer
1. Persons using the Kapensis Guesthouse website for any reason whatsoever, subject themselves to the terms and conditions and privacy policy of Kapensis Guesthouse as set out below.
2. This website is only intended to provide the user with information regarding Kapensis Guesthouse and its products and services. Kapensis Guesthouse expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice.
3. Nothing on this website shall be construed as an offer by Kapensis Guesthouse to you, the user.
OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS
4. The ownership in this website and any intellectual property rights in any information, material and logos vest in Kapensis Guesthouse and shall continue to vest in Kapensis Guesthouse and no right, title or interest in any proprietary material or information contained in this website is granted to you, the user, hereunder.
5. Without derogating from the foregoing, Kapensis Guesthouse hereby authorises you, the user, to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
5.1. such content is used for information purposes only;
5.2. such content is used for non-commercial purposes.
Without derogating from the foregoing, you are expressly prohibited from incorporating any material from this website in any other work, publication or website either of your own or belonging to any third party;
5.3. any reproduction of this the content of this website, or portion thereof, must include this copyright notice in its entirety;
5.4. documents specified above include the design and layout of this website. Elements of this website are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by Kapensis Guesthouse.
CHANGES AND AMENDMENTS
6. This website may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this website. Kapensis Guesthouse reserves the right to make improvements and/or changes or amendments to this website at any time.
7. Kapensis Guesthouse reserves the right to change and amend the prices and rates quoted on this website without any notice.
TRANSMISSION OF INFORMATION
8. The user’s attention is drawn to the fact that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. The user therefore transmits any information that may be confidential, proprietary, or sensitive in nature entirely at his/her own risk. The user shall bear all risk of transmitting such information in this manner and under no circumstances will Kapensis Guesthouse be liable for any loss, harm, or damage suffered by the user as a result thereof.
9. Kapensis Guesthouse reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Kapensis Guesthouse deem it necessary.
10. Any information or material sent to Kapensis Guesthouse will be deemed not to be confidential, unless otherwise agreed in writing by Kapensis Guesthouse.
11. Kapensis Guesthouse requests that no unsolicited information be sent to Kapensis Guesthouse.
LINKS TO THIRD PARTY SITES
12. Linked websites or pages are not subject to the control of Kapensis Guesthouse. Kapensis Gueshouse is therefore not responsible or liable, directly or indirectly, for the contents of any linked website or any link contained in a linked website. Kapensis Guesthouse provides links to the user only as a convenience and the inclusion of any link does not imply endorsement by Kapensis Guesthouse of such site.
DISCLAIMER
13. This website and the information contained therein is provided “as is” and Kapensis Guesthouse makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the foregoing:
13.1. Kapensis Guesthouse does not warrant that the website or information will be error-free or will meet any particular criteria of performance or quality. 3 Kapensis Guesthouse expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
13.2. whilst Kapensis Guesthouse as taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.
RISK & LIMITATION OF LIABILITY
14. The user’s use of this website and the information contained therein is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. Neither Kapensis Guesthouse, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of this website or the information contained therein.
15. While all reasonable steps have been take to ensure the accuracy and safety of the Kapensis Guesthouse website, the use of the products or services advertised on this website are used at the user’s own risk. The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. Kapensis Guesthouse will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the Kapensis Guesthouse website.
SEVERABILITY
16. These Terms and Conditions of Use constitute the entire agreement between Kapensis Guesthouse and you, the user of this website. Any failure by Kapensis Guesthouse to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
17. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
APPLICABLE LAW
18. Any dispute or purported dispute arising out of this website shall be governed by and construed in accordance with the laws of the Republic of South Africa. All disputes, actions, and other legal matters relating thereto will be determined in accordance with such law. The parties to any dispute arising out of this website hereby consent and submit to the jurisdiction of the High Court of the Republic of South Africa.