These Terms and Conditions apply to your use of the Cape Website.
By using the Cape Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Cape Website.
We may amend these Terms and Conditions from time to time, without providing notice to you, by posting an updated version of the Terms and Conditions online at the Cape Website. You should regularly check these Terms and Conditions for any amendments. If these Terms and Conditions are amended, you must comply with the updated Terms and Conditions. If you do not agree to the updated Terms and Conditions, you must immediately cease using the Cape Website.
Capitalised terms used in these Terms and Conditions are defined in the 'Interpretation' section at the end of this document.
All copyright and other intellectual property rights in the Cape Website (including all trademarks appearing on the Cape Website) are owned by us and/or our licensors.
If you have your own validly issued (or validly registered) login details and password which may be used to access the Cape Website, we grant you a revocable, non-transferable, non-exclusive licence to use the Cape Website on your Device for your own purposes, and to download and print out a copy of the information available from the Cape Website for your own personal use.
You must not (and must not attempt to):
(a) except as permitted by the licence set out above, use or copy any part of the Cape Website without our written consent;
(b) distribute, translate, modify or tamper with, any part of the Cape Website;
(c) create derivative works of or from any part of the Cape Website;
(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms and Conditions; or
(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
You must provide your own internet access and Device in order to use the Cape Website. You are responsible for all internet access, data download and other network charges arising from your use of the Cape Website and you acknowledge and agree that we have no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your Device and for ensuring the Cape Website is accessible from your Device.
We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Cape Website. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.
We will use reasonable endeavours to generally make the Cape Website available during our normal business hours. However, the availability of the Cape Website depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee: (a) that you will be able to use the Cape Website at any time; or (b) that your use of the Cape Website will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Cape Website may not be available for use from time to time, and that you may be disconnected from your use of the Cape Website at any time for any reason, including if: (a) any network connection difficulties occur; (b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed); (c) you breach any of these Terms and Conditions, or (d) we decide to terminate your access to those services for any reason.
We make no guarantee as to the reliability or other performance of the Cape Website. The performance of the Cape Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the systems which support the Cape Website.
The information available through the Cape Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Cape Website is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Cape Website is current, complete and accurate before using it. Subject to the section headed 'Consumer Guarantees' below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.
Additionally, you acknowledge and agree that the information available through the Cape Website is general in nature and is intended only to provide a summary. You must not rely on the information available through the Cape Website and should instead obtain advice appropriate to your circumstances.
All offers available through the Cape Website are from the relevant third party. If you encounter an issue, you acknowledge and agree that you will make your own enquiries directly with the relevant third party.
You must not use (or attempt to use) the Cape Website:
(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms and Conditions;
(b) to access, transmit, publish or communicate material which: (i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful; (ii) is xenophobic, racist, abusive, harassing or hateful; (iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users; (iv) constitutes commercial advertising, the promotion of gambling or the promotion of your own site; (v) contains a virus or other harmful code; (vi) infringes a person's copyright or other rights; or (vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (v);
(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(d) to transmit, publish or communicate bulk and/or unsolicited messages;
(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Cape Website; or
(f) in any way that may cause us, our suppliers or other users of the Cape Website to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms and Conditions. You must immediately comply with any such request. We may immediately terminate and block your access to the Cape Website or the services provided by the Cape Website for any reason, in our sole discretion.
The Cape Website uses the internet to provide services and information. By using the Cape Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We does not warrant or guarantee the security of the Cape Website. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ("Consumer Guarantees").
Where you as a Consumer acquire goods or services under these Terms and Conditions and:
(a) the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption ("PDH Goods or Services"), the operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified; or
(b) the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option: (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms and Conditions or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
You acknowledge and agree that your access to, and use of, the Cape Website is at your own risk.
To the extent permitted by law, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void.
Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Cape Website, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;
(b) any Losses arising from third party offers displayed on the Cape Website; and
(c) any other Losses.
If you use the Cape Website, the information that we may collect and store includes, without limitation: (a) the type of operating system and/or other software or firmware used by your Device; (b) the data you send and receive using the Cape Website, and the type and quantity of that data; (c) the dates on which and times at which you use the Cape Website; and (d) the IP and MAC address of your Device.
You represent and warrant to us that the personal information you provide to us is complete and accurate.
The Cape Website may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
We reserve the right to: (a) suspend your use of, or withdraw, the Cape Website and/or any of its features or components; and (b) add to, amend, remove, or disable access to, any part of the Cape Website, in each case at any time and for any reason, without notice to you.
If requested by us, you must immediately cease use of the Cape Website.
We do not waive a right, power or remedy in connection with these Terms and Conditions if we fails to exercise or delay in exercising the right, power or remedy.
These Terms and Conditions are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them.
In these Terms and Conditions:
(a) "Australian Consumer Law" has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
(b) "Cape Website" means the website operated by us from time to time at the address 'www.hellocape.com', and includes any services provided and information obtained through that website;
(c) "Consumer" has the meaning given to that term by section 3 of the Australian Consumer Law;
(d) "Device" means your own internet-enabled device that is compatible with the Cape Website and has a current and working internet connection;
(e) "Losses" means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise;
(g) "Terms and Conditions" means these terms and conditions of use; and
(h) a reference to "we", "us" or "our" is to Cape Pty Ltd ABN 83 654 770 199.