WEBSITE TERMS AND CONDITIONS
Colin Bridger Wine Tours provide the information, products and services offered via this Website subject to the terms and conditions set out herein.
In these Terms and Conditions, the term “Website” refers to www.colinbridger.co.za. The term www.colinbridger.co.za “us” or “we” refers to the owner of the website and owners of the brand www.colinbridger.co.za whose registered office is in Somerset West, South Africa. The term “you” refers to the user or viewer of our website.
If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern our relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use our Website.
- Content
- Whilst every effort is made to update the information provided on this Website on a regular basis, the content of the pages of this Website is for your general information and use only. It is subject to change without notice.
- Any changes that we may make to these Terms and Conditions will be posted on our website and will be effective from the date of posting. Your continued use of the Website shall be deemed to be your acceptance of the amended Terms And Conditions of the Website.
- Use
- From time to time, you may be permitted to post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information on the Website (“Submissions”). The content of any Submission may not be 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, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
- You acknowledge and agree that Submissions are entirely at your own risk. While we reserve the right to monitor and remove or edit content for any reason at its sole discretion, we are not obligated to do so and you shall bear full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
- Warranties and representations
- You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions, that the content is accurate, that use of the content you supply does not violate any terms of these Terms and Conditions and will not cause injury to any person or entity, and that you will indemnify us and our affiliates for all claims resulting from content you supply. You agree that neither www.colinbridger.co.za nor its licensees will be liable to you for any use of any Submission.
- Your use of any information or materials on this Website is entirely at your own risk and you acknowledge that such information and materials may contain inaccuracies or errors. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
- Neither we nor any third-parties provide any representations, warranties or guarantees whether express, implied in law or residual as to the accuracy, timeliness, performance, completeness or reliability of the information and materials found or offered on this Website for any particular purpose on any of the pages comprising the Website.
- We shall not be bound in any manner by any information contained on the Website or any of the pages comprising the Website and expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Copyright and Intellectual Property Rights
- This Website contains material which is owned by or licensed to us and is solely available for your personal and non-commercial use. This material includes, but is not limited to, the design, layout, look, content, appearance and graphics of this Website. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
- The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.
- Nothing contained on this Website should be construed as granting any licence or right to use any copyright, intellectual property or trademarks without our prior written permission.
- By transmitting or posting any Submissions to our Website you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us and our affiliates and sublicensees the right, at their sole discretion, without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorise the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
- Privacy and Confidentiality
- All information transmitted to our Website over the internet pursuant to reservation of our services or the placing of an order is subject to our Privacy Policy and shall be treated as confidential information. However, any communications or other materials which you submit to our Website including, but not limited to, e-mails, reviews or other postings relating to our products and services, experiences, suggestions or other subject matter, shall be treated as non-confidential and non-proprietary. Any content and submissions that are publicly or commercially available, such as reviews, are not subject to our Privacy Policy.
- Our Website uses cookies, which collect your information, the use of cookies is explained in our Privacy Policy.
- Embedded Content
- Our Website may contain embedded content (e.g. videos, images, articles, links etc.) to third-party websites and features that are not owned or controlled by us. Embedded content from other websites behaves in the exact same way as if you visited that website. These websites may collect information about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged into that website.
- When interacting with embedded content and/or visiting external links you must refer to the external website’s terms and conditions of use.
- No hypertext links shall be created from any website whether controlled by you or otherwise to this website without our express prior written permission.
- Children
- The products and services available on this Website are not available to persons under the age of 18. If you represent that you are of sufficient legal age to use this Website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of this Website and our services.
- You agree to supervise all usage by minors of this Website under your name or account.
- Verification
- We are entitled to and shall use reasonable endeavours to establish the authenticity of any communication transmitted to us by way of the Internet which purports to emanate from you, including through the use of spam detection services.
- You acknowledge and agree that all instructions, consents, commitments, reservations and any other communications which reasonably purport to emanate from you and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by us and you will be bound by such details and indemnify us of any liability.
- You waive any rights you may have or obtain against us arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that we act on your instructions or instructions purported to emanate from you. You agree to and hereby indemnify www.colinbridger.com and its affiliates against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that we have acted on your instructions or instructions which purport to emanate from you.
- General
- We will use reasonable endeavours to maintain full system availability, except during scheduled maintenance periods.
- Headings are for convenience only and not for use in interpretation of these Terms and Conditions.
- The law of the Republic of South Africa governs this Agreement. The parties irrevocably consent and submit to the non-exclusive Jurisdiction of the High Court of Cape Town, in regard to all matters arising from these Terms and Conditions.
- These Terms and Conditions constitute the entire agreement of the parties regarding the subject matter hereof and supersedes all prior oral and written agreements.
- No relaxation or indulgence which either Party may show to the other Party shall in any way prejudice or be deemed to be a waiver of its rights or powers hereunder nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof.
- Each and every term of these Terms and Conditions shall be deemed to be separate and severable from the other terms hereof. If any term of these Terms and Conditions is found by any court of competent jurisdiction to be vague or invalid or unenforceable, such clause shall be treated as “pro non scripto” and shall in no way affect the validity of the remaining terms and provisions hereof.
- A party shall not be in breach of its obligations under these Terms and Conditions and shall have no liability to pay damages or other compensation under these Terms and Conditions to the extent that it is prevented from complying with its obligations hereunder by reason of an event of Force Majeure (including an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party) affecting either party.
- Nothing contained in this clause shall relieve any party from discharging its obligations under these Terms and Conditions which are not affected by an event of Force Majeure to the extent that they are lawfully able to do so. The parties shall be obliged to do everything reasonably possible to prevent, avoid, remove, mitigate or limit the duration or effects of any event of Force Majeure.
- In the event of Force Majeure, the parties agree to consider the implications of Force Majeure in relation to the provision services and to make appropriate adjustments thereto. The party affected by the event of Force Majeure shall keep the other party fully informed of all developments and the steps taken to mitigate or remove the effects of the event of Force Majeure. If no mutually acceptable arrangement is arrived at within a period of 90 (ninety) days, we shall be entitled to terminate all of our rights and obligations in terms of or arising from these Terms and Conditions and/or any service forthwith on written notice.