TERMS OF USE
(general terms relating to your use of Cape Town Activa and us providing services to you)
Version number: 1.0
DEFINITIONS AND INTERPRETATION
Definitions. For purposes of the Agreement:
Affiliate means any parent company, subsidiaries, joint ventures, or other companies under a common control;
Agreement means the agreement between us and Users, consisting of these Terms;
Cape Town Activa means www.capetwonactiva.co.za, a web portal that allows job seekers and entrepreneurs to connect with various Support Organisations, including:
1. all content, goods or services, applications or apps available through Cape Town Activa; and
2. any of our other marketing material;
Client means a natural or juristic person who registers on Cape Town Activa as a jobseeker or entrepreneur to receive support services from Support Organisations;
Content means any content added to Cape Town Activa by Users. Content includes photos, images, audio files, text, files, listings, postings, messages, or other materials;
Profile means a public facing page that shows a Support Organisation’s contact details and service offerings from which a Client can establish a relationship with a Support Organisation;
Services means any services we provide to Users, including the hosting of an online directory and event details;
Sign means the handwritten signature or advanced electronic signature of the duly authorised representative of a party;
Signature Date means the date of signature by the party signing last;
Support Organisation means a natural or juristic person who registers on Cape Town Activa to provide support services to Clients
Terms means these terms, consisting of:
1. these terms of use; and
2. any other relevant specific terms, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of Cape Town Activa or any specific Services);
User or you means any person who visits, registers on, or logs into Cape Town Activa, who can be a Client or a Support Organisation;
We, us or our refers to The Business Place NPC (Registration number 2993/016732/08, the owner of the web portal know as Cape Town Activa. In all provisions of these Terms of Use that operate to limit or exclude our liability, references to we, us or our includes our officers, agents, employees, co-branders, associates and sponsors, including, without limiting the aforegoing, the City of Cape Town metropolitan municipality;
Writing means any mode of reproducing information or data in physical form (includes hard copy printouts, handwritten documents, and fax transmissions) or any mode of reproducing information or data in electronic form that the parties agree to use (like pdf), but excludes information or data in the form of email.
Interpretation. A word defined or assigned a meaning in the Agreement will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Agreement. Whenever including or include, or excluding or exclude, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Agreement will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time. A reference to a person includes a natural and juristic person and a reference to either party includes the party’s successors or permitted assigns. Unless otherwise stated in the Agreement, when any number of days is prescribed in the Agreement the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. GMT +2 will be used to calculate any times.
Conflict. If there is a conflict of meaning between these terms of use and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, the specific terms will prevail in respect of your use of the relevant section or module of Cape Town Activa or Services
TERM
These Terms commence on acceptance and continue until terminated.
USE OF CAPE TOWN ACTIVA
License to use Cape Town Activa. We grant you a limited, revocable license to use Cape Town Activa subject to the Agreement. Any person wishing to use Cape Town Activa contrary to the Agreement must obtain our prior written consent.
Policies. We may establish general polices and limits concerning the use of Cape Town Activa. we may log off, deactivate, or delete any User account.
Framing. No person, business, or website may frame Cape Town Activa or any of its pages.
Linking. A person, business, or website may link to Cape Town Activa only by linking to its home page . We prohibit anyone from deep linking to any other pages in a manner that would incorrectly suggest endorsement or support of them by us or suggests the person is the owner of any intellectual property belonging to us.
Spiders and Crawlers. No person, business, or website may use any technology (including spiders or crawlers) to search and gain any information from Cape Town Activa.
MODIFY
We may modify, suspend, or discontinue Cape Town Activa or any Services (with or without notice) and will not be liable.
USER ACCOUNTS
Passwords and Security. Only a registered User can use Cape Town Activa. Each User is responsible for keeping their password secure. Each User is solely responsible and liable for activities that occur under their account. You authorise us to act on any instruction given under your account, even if it transpires that someone else has defrauded both you and us, unless you notified us before we acted on a fraudulent instruction.
Users. User accounts registered by bots or other automated methods are not permitted. Each User must provide their full legal name, a valid email address, and any other information requested in order to complete the registration process. One person may only use each User’s login - we do not permit multiple people to share a login.
CAPACITY OF USER
You represent and warrant that you:
1. are old enough under applicable law to enter into the Agreement;
2. are legally capable of concluding any transaction;
3. possess the legal right, full power, and authority to enter into the Agreement;
4. are authorised to use the password required for any account; and
5. will submit true, accurate and correct information to Cape Town Activa and us.
If you are younger than 18 years of age, you warrants that you have the consent of your legal guardian to enter into the Agreement or that you have obtained legal status in another manner.
EVENTS
Event Details. The details and terms of any event posted on Cape Town Activa are provided by the relevant Support Organisation. We are not a party to any event and are not responsible nor have any obligations or duties regards an event.
Support Organisation. By creating an event, a Support Organisation warrants that the details of the event are correct. We will not be liable to any User if the details of an event are incorrect.
DIRECTORY
Listing If you are a Support Organisation, you agree to be listed on our online directory of Support Organisations.
Search. Users may search the directory for a Support Organisations based on their area of expertise, name or other details. The results of the search are randomised in the order they will appear, so as not to unfairly prejudice any Support Organisation.
INTERACTION
Relationship between Users is independent. The relationship between any User and any other User is between them and is independent of Cape Town Activa.
Release. Each User releases us (and our affiliates, officers, employees, agents and successors) from any claims, demands, and damages regarding any disputes between any User and any other User. Cape Town Activa facilitates the relationship and the independent parties must settle any disputes between them.
Third party terms. If a third party supplies or delivers any goods or services directly to a User, third party terms or conditions may apply. Each User is solely responsible to ensure they understand and agree to those terms.
Information Sharing. In order to provide the Services, we may have to share certain information of yours with other Users. We take privacy seriously and will handle all of your personal information in terms of our Privacy Policy {Link_to_Privacy_Policy}. If you are a Client, we will get your consent before passing on your contact details to a Support Organisation. If you are a Support Organisation, you acknowledge that any information you post on your Profile will be public facing and will be accessible by anyone who uses Cape Town Activa.
WARRANTY
None of our representatives have the authority to bind us and no representation, warranty or any other statements made or given by any representative of ours will be binding on us, unless given in Writing and Signed by a duly authorised representative.
ACCEPTABLE USE AND CONDUCT
Responsibility. You are responsible for your conduct, Profile, and Content on Cape Town Activa.
Prohibited conduct. Nothing may be unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, or harm minors in any way. Do not harass, stalk, degrade, intimidate, or be hateful toward an individual or group of individuals. No User may impersonate any person, falsely state, or otherwise misrepresent its affiliation with any person. Nothing may be false, deceptive, misleading, deceitful, or constitute bait and switch. Do not infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party. Any chain letter, pyramid scheme, or advertisement that is prohibited by law, is prohibited on Cape Town Activa. The advertising and provision of any illegal service or the sale of any goods that are prohibited or restricted by applicable law are prohibited. Malware or badware is prohibited. Do not negatively affect the ability of any other Users to use Cape Town Activa. Do not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Cape Town Activa. No User may impose an unreasonable or disproportionately large load on our infrastructure. Do not attempt to gain unauthorised access to Cape Town Activa or engage in any activity that disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of Cape Town Activa.
INTELLECTUAL PROPERTY
Ownership. Except as provided to the contrary in the Agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of Cape Town Activa are the sole property of or will vest in us or a third party licensor. All moral rights are reserved.
Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on Cape Town Activa or other marketing material of ours is the property of its respective owner.
Restrictions. Except as expressly permitted under the Agreement, Cape Town Activa may not be:
1. modified, distributed, or used to make derivative works;
2. rented, leased, loaned, sold or assigned;
3. decompiled, reverse engineered, or copied; or
4. reproduced, transferred, or distributed.
Sufficient rights. No User may provide Content for which it does not have sufficient rights.
Copyright infringement by a User. Each User must promptly address any written notice to it that its Content infringes the copyrights or other rights of another person. If a User does not promptly remove or change the infringing element of the Content specified in the notice, we may remove the Content without any liability to any User.
Prosecution. All violations of proprietary rights or the Agreement will be prosecuted to the fullest extent permissible under applicable law.
DISCLAIMER OF WARRANTIES
Disclaimer. Use of Cape Town Activa is at your the sole responsibility and risk. Cape Town Activa is provided on an as is and as available basis. Except for the warranties given in the Agreement, we expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including:
1. any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, fitness for a particular purpose, accuracy, system integration, quiet enjoyment, title, and non-infringement; or
2. any warranties regards third party software.
We do not warrant that Cape Town Activa will meet the requirements of any User or be uninterrupted, be legally effective or complete, timely, secure, error-free or free from infection by malicious software. You should keep up-to-date security software on the systems used to access Cape Town Activa.
INDEMNITY
You agree to indemnify, defend, and hold us harmless (and our subsidiaries, Affiliates, officers, agents, co-branders or other partners, and employees) from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to its use of Cape Town Activa.
LIMITATION OF LIABILITY
Correct faults. We will correct any fault in Cape Town Activa where possible and as soon as reasonably practical and this is its entire liability regarding any fault in Cape Town Activa. If this clause is held inapplicable or unenforceable, then the following clause will apply.
Direct damages limited. To the extent permitted by applicable law, regardless of the form (whether in contract, tort, or any other legal theory) in which any legal action may be brought, our maximum liability to a User for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid by the User to us for the Services related to the claim. The aggregate amounts for all claims will not be greater than the maximum amount.
Indirect damages excluded. To the extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from the Agreement.
Other website, goods, or services. We are not liable for any other website, goods, or service provided by any third party.
TERMINATION
Discontinue Cape Town Activa. The Agreement will automatically terminate if we discontinue Cape Town Activa.
Breach. If a User:
1. commits a breach of the Agreement;
2. repeatedly infringes the copyrights or other rights of others;
3. fails to pay any amount due and fails to remedy the breach within 2 calendar days of having been called on in writing to do so;
4. effects or attempts to effect a compromise or composition with its creditors; or
5. is provisionally or finally liquidated or placed under judicial management;
User agrees that we may, to the extent permitted by applicable law and without prejudice to its rights in the Agreement or in law, deactivate or delete the User’s account, terminate access to or use of Cape Town Activa, claim specific performance of the Agreement, or cancel the Agreement immediately on written notice and claim damages from User (including, any claim for any Fees already due).
Effects of termination. On the deactivation or deletion of a User’s account, the Agreement will terminate and access rights will immediately cease to exist. On termination, cancellation or expiry, all amounts due to us for Services rendered before termination will become due and payable even if we have not invoiced them. User may not withhold the amounts for any reason, unless the arbitrator directs otherwise. The termination, cancellation, or expiry will not affect the enforceability of the terms that are intended to operate after expiry or termination.
DISPUTES
Notifying each other. There will be a dispute about or from this Agreement if a party writes to the other about it and asks for it to be resolved under this clause. The parties must refer any dispute to be resolved by:
· Negotiation (direct talks to try and agree how to end the dispute); failing which
· Mediation (talks in which a neutral third party tries to help the parties agree how to end the dispute); failing which
· Arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).
Negotiation. Each party must make sure that their chosen representatives meet within 10 business days of notification, to negotiate and try to end the dispute by written agreement within 15 more business days.
Mediation. If negotiation fails, the parties must refer the dispute to mediation under the Arbitration Foundation of South Africa’s (AFSA) rules.
Arbitration. If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Johannesburg. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
Periods. The parties may agree in writing to change the periods for negotiation or mediation.
Urgent interim relief. This clause will not stop a party from applying to court for urgent interim relief (temporary help) while the dispute resolution process is being finalised. An example might be an interdict (type of court order).
Severability. This clause is separate and divisible from the rest of this Agreement and remains effective even if this Agreement ends or is invalid.
NOTICES AND DOMICILE
Notices. All notices, authorisations, disclosures, acknowledgements, and requests must be sent by hand, prepaid registered post, courier, facsimile, or electronic mail to the addresses and numbers provided on Cape Town Activa. By providing contact information, each party consents to its use for administering the relationship by the other party and other third parties that help a party administer the relationship.
Domicile. Each party chooses its addresses and numbers provided on Cape Town Activa as its domicilium citandi et executandi (its domicile for being served summons and execution levied) for all purposes.
Change of addresses and numbers. Each party may change the addresses and numbers provided on Cape Town Activa.
Deemed Delivery. Notice will be deemed delivered on the date shown on the by hand, prepaid registered post, courier, facsimile or electronic mail confirmation of delivery.
Notice actually received. If a notice is actually received by a party, adequate notice will have been given.
CIRCUMSTANCES BEYOND CONTROL
No party will be responsible for any breach of the Agreement caused by circumstances beyond its control, including any breakdown or failure of power supply, the Internet, any telecommunications systems, or any computer hardware or software.
CESSION AND ASSIGNMENT
You may not delegate your duties under the Agreement or assign its rights under the Agreement, in whole or in part. We may assign the Agreement to any successor or purchaser of its business or some of our assets.
GENERAL
Entire Agreement. The Agreement constitutes the entire agreement between the parties in respect of the subject matter of the Agreement.
Changes. We may change the Agreement at any and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on Cape Town Activa (or by email). If you do not agree with the change, then you should stop using Cape Town Activa. If you continue to use Cape Town Activa following notification of a change to the Agreement, the changed terms will apply to you.
Fact related to Cape Town Activa. A certificate, signed by an administrator of Cape Town Activa, of any fact related to Cape Town Activa (including the version of the Terms that governs a particular Service or dispute and what content was published or functionality was available on Cape Town Activa at a specific point in time) will be conclusive irrefutable proof of the correctness of the certificate’s contents.
Waiver. No granting of time or forbearance will be, or be deemed to be, a waiver of the Agreement and no waiver of any breach will operate as a waiver of any continuing or subsequent breach.
Severability. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the Agreement will have full force and effect, provided the severance does not alter the nature of the Agreement.
Governing Law and jurisdiction. The Agreement is governed by and must be interpreted under the laws of South Africa and User agrees to submit to the exclusive jurisdiction of the South African courts.
Right to reference. You consent to us using your name in any marketing or sales material.
