Terms of Use

1. Terms of Use

1.1 These Terms of Use and our Privacy Policy incorporated herein are applicable to all persons who access and use the Website. 

1.2 Before making use of our Website, please read these Terms of Use and our Privacy Policy carefully. By accessing, using and browsing our Website, and referring to, viewing, and/or downloading Content, you are entering into a legally binding contract with Castleview upon (i) these Terms of Use; and (ii) our Privacy Policy incorporated into these Terms of Use and forms part thereof, and you further agree that:

• these Terms of Use and our Privacy Policy are valid, binding and enforceable from the moment you access our Website, 
• you conclude an agreement with us in respect thereof in Cape Town, Western Cape, South Africa, which agreement is governed by the laws of the Republic of South Africa; 
• if any term or condition of these Terms of Use or our Privacy Policy is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other term of these Terms of Use or our Privacy Policy.

1.3 These Terms of Use and our Privacy Policy apply to the entire content of the Website and to any correspondence between us and you. Using, accessing, browsing, referring to, viewing, and/or downloading the Content displayed on the Website for any purpose indicates that you have read, understood and accepted these Terms of Use and the Privacy Policy and agree to be bound by them.

1.4 If you do not agree to these Terms of Use and the Privacy Policy, please refrain from using, accessing, browsing, referring to, viewing, and/or downloading the Content displayed on the Website.

2. Changes to these terms of use, our privacy policy, the website and/or any content

2.1 We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:

• change these Terms of Use or our Privacy Policy;
• change or remove Content accessible on the Website;
• change or discontinue any aspect of the Website or any services accessible on the Website; and
• change the software and/or hardware required to access and use the Website.

2.2 Your continued access or use of the Website and its Content and/or any services offered will be subject to the Terms of Use in force at the time of your access or use. If you do not agree with any updates, amendments or modifications, you must discontinue use of the Website, Content and/or any services.

2.3 We may update our Website and the Content from time to time.  

2.4 We may stop publishing on our Website at any time. This may be done without notice and we will not be responsible for any consequences that result therefrom.

3. Accessing our website

3.1 Access to our Website is made available free of charge.

3.2 We do not guarantee that our Website and the Content will always be available or be uninterrupted or error free. Access to our Website is permitted on a temporary basis. We will not be liable to you, if for any reason, our Website is unavailable.

3.3 You are responsible for the arrangements necessary for you to have access to our Website. This includes, but is not limited to, data and the costs associated with it.

3.4 We do not guarantee that our Website will function on any particular hardware or devices. Use of our Website may also be subject to malfunctions and delays inherent to the use of the Internet and electronic communications.

3.5 You are responsible for ensuring that all persons who access our site through your Internet connection are aware of these Terms of Use, and that they comply therewith.

4. Rights granted to you

4.1 Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferrable and revocable, license to access, and use our Website and the Content at any time solely for your personal and non-commercial use. Use of any services that may be offered through our Website will be subject to these Terms of Use and our Privacy Policy.

4.2 We reserve any rights not expressly granted herein.

5. Permitted use and prohibited conduct

5.1 We hereby authorise you to view, copy, download to a local drive, print and distribute the Content of the Website, or any part thereof, provided that:

• such Content is used for non-commercial purposes only;
• any reproduction of the Content available on or through the Website, or any part thereof, must not infringe our Intellectual Property rights or the Intellectual Property rights of third parties;
• use of the Content is in accordance with these Terms of Use and the Privacy Policy;

5.2 You must not, directly or indirectly, do any of the following things:

• perform any action that violates these Terms of Use or the Privacy Policy or any guidelines or policies posted by us;
• use the Website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;
• perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including Intellectual Property rights;
• use any technology or other means to access, index, frame or link to any services (including the Content) in a way that is not expressly authorized by us;
• collect or process information in violation of our Privacy Policy; or
• interfere with any other person’s use and enjoyment of any services, the Website, or the Content;

5.3 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.

5.4  We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any Content in breach of the Terms.

5.5 You may not use our Website or the Content:

• in any way that breaches any applicable local, national or international laws or regulations;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; 
• to transmit, or procure the sending of, unsolicited or unauthorised advertising, promotional material or any other form of similar solicitation (“Spam”);
• to knowingly transmit/send viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs; or
• to gain unauthorised access, interfere with, damage or disrupt any part of our Website and the equipment or network on which the Website is stored;
• to make any speculative, false or fraudulent statements or enquiries;
• to remove any copyright, trademark or other proprietary notices from our Website or any of the Content;
• to reproduce, copy, modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or any part thereof or the Content;
• to decompile, reverse engineer or disassemble our site or any of the Content;
• to cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of the Website; 
• for unduly burdening or hindering the operation and/or functionality of any aspect of our Website;
• to frame our Website;
• to access or use our website or the Content through automated means, including but not limited through the use of robots, spiders, or offline readers; or
• to attempt to gain unauthorised access to or impair any aspect of our Website and its related systems or networks;
• to incorporate e-mail addresses, names, telephone numbers and/or fax numbers published on our Website into any database used for commercial purposes or electronic marketing or similar purposes in contravention with our Privacy Policy and POPIA.

6. Intellectual property rights

6.1 All Intellectual Property attached to or displayed on the Website is the property of Castleview or it is duly licensed to Castleview and may not be used outside the licensed terms as set out under these Terms of Use.

6.2 You may draw the attention of other persons to the Content posted on our Website or by sharing it via social networks or other means available.

6.3 You may not modify copies of the Content you have printed off or downloaded from our Website. Any illustrations, photographs, video or audio sequences or graphics which accompany text, may not be used separately from the text nor may you claim that it is yours.

6.4 Unless otherwise agreed to under these Terms of Use, Castleview does not grant you any rights:

• in or related to our Website or any services displayed thereon; or
• to use Castleview’s business name, logo, trademarks or those of our licensors (whether registered or un-registered).

7. CPA, POPIA and other laws

7.1 If these Terms of Use (or any contract governed by these Terms of Use) or the Content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008 (“CPA””), POPIA or any other other laws, it is not intended that any provision of these Terms of Use contravene any provision of the CPA, POPIA or such other laws. 

7.2 Therefore all provisions of these Terms of Use must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA, POPIA and such other laws are complied with.

7.3 No provision of these Terms of Use (or any contract governed by these Terms of Use):

• does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
• requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
• limits or excludes any warranties or obligations which are implied into these Terms of Use (or any contract governed by these Terms of Use) by the CPA, POPIA or other applicable laws (to the extent applicable) or which we give under the CPA, POPIA, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

8. Limitation of liability

8.1 Subject to the provisions of clause 9 above, and to the extent allowed by law, Castleview shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or any services or the Content provided from and through the Website. 

8.2 You are granted access to the Website on an “as is” basis and our Website has not been compiled or supplied to meet any User’s individual requirements.

8.3 Any information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.

8.4 Castleview excludes all conditions, warranties, representations or other terms which may apply to our Website or the Content on it, whether express or implied. Castleview makes no representations, guarantees or warranties regarding the quality, reliability, suitability, or availability of the Website or the Content.

8.5 You agree that it is within your sole discretion to access and use our Website and that the risk arising out of your access and use of the Website remains solely with you to the maximum extent permitted under any applicable law. 

8.6 You indemnify Castleview, its shareholders, directors, partners, employees, agents, affiliates and representatives against any claim, demand, damage, costs, loss or liability (including reasonable attorney fees) of whatever nature and related to you using and accessing the Website and/or browsing, referring to, viewing, and/or downloading the Content.

8.7 You indemnify and hold Castleview, its shareholders, directors, partners, employees, agents, affiliates and/or representatives agents harmless from all claims, demands, losses, liabilities and expenses (including attorney and own client fees), arising out of or in connection with:

• your breach or violation of any of these Terms of Use or our Privacy Policy; and/or
• your violation of the rights of any third party.

9. Security

9.1 It is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our Website are completely secure at all times.

9.2 To provide adequate security to all our Users, and to monitor activities prohibited under section 86 of the Electronic Communications and Transactions Act (Act no. 25 of 2002), you agree to our right to intercept, monitor, block, read, delete or access all data sent to our website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications.  

9.3 Castleview does not guarantee that documents or files downloaded from our Website will be free from viruses and does not accept any responsibility for any damage or loss caused by any virus. You must ensure that you use virus-checking software when using our Website and further agree not to upload or provide, through our Website, any document or file which may contain a virus.

10. Linking to our website

10.1 Any linking must occur in a manner that is fair, legal and does not damage Castleview’s reputation, take advantage of it or breaches any provision of these Terms of Use.

10.2 No link may be established in such a manner that suggests any form of association, approval or endorsement with or by Castleview, where none exists.

10.3 No link to our Website may be provided in any website that is not owned by you.

10.4 Castleview reserves the right to withdraw linking permission without notice.

11. Hyperlinks from our website

11.1 Where our Website or any of the Content contain links to other websites, these links are provided for your convenience and information only. You acknowledge that different terms of use and privacy policies or statements may apply to your use of such third party websites. Castleview does not endorse or approve of the operators and/or owners of any third party websites, and/or material on such those third party websites.

12. Use of Cookies

12.1 The Website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

12.2 One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize some of Castleview’s pages, a cookie helps Castleview to recall your specific information on subsequent visits. When you return to the Website, the information you previously provided can be retrieved, so you can easily use the Castleview features that you customised.

12.3 You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience some of the features of the Website.

13. Data protection

13.1 We collect Personal Information from you and you may submit Personal Information to us. We will handle the collection, processing and storage of your Personal Information in accordance with our Privacy Policy.

13.2 By disclosing or submitting your Personal Information to us, you consent to us collecting, processing and storing your Personal Information for the purposes described in our Privacy Policy.

14. Breach, suspension and termination

14.1 It is solely within Castleview’s discretion to determine whether, through your use, there has been a breach of these Terms of Use. When a breach occurs, we may take such action as we deem appropriate.

14.2 We specifically exclude any liability for our actions taken in response to any breach of these Terms of Use.

14.3 All costs, charges and expenses which may be incurred by us in enforcing our rights in terms hereof, shall be recoverable from you if the above rights are successfully enforced. These costs, charges and expenses include, without limitation, legal costs on the scale as between an attorney and own client and collection commission and is irrespective of whether any action has been instituted;

14.4 No relaxation or indulgence, by either Castleview or you, shall constitute a waiver of the rights of that party. It also shall not preclude that party from exercising any rights which may have arisen in the past or may arise in future.

14.5 Any provision under these Terms of Use which contemplates performance or observance, after any termination or expiration of these Terms of Use, shall survive any termination or expiration and shall continue in full force and effect.

15. Electronic communication and contact

15.1 Any Data Messages sent by us to you shall be deemed to have been sent from Castleview’s address at 13 Hudson Street, De Waterkant, Cape Town.

15.2 A Data Message is deemed to be sent:

• By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
• By you, at the time when we confirm receipt (excluding an automated response) thereof.

15.3 A Data Message is deemed to be received:

• By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated as such by us; and
• By you, once it enters your information system;

15.4 All information incorporated by the use of hyperlinks and / or other methods of reference shall form part of these Terms of Use. 

15.5 You agree and warrant that any Data Message sent from any computer or device that is owned by you or programmed by you to us was sent by you.

15.6 For purposes of electronic communications between you and us no electronic signature is required. The mere browsing of our Website demonstrates your intent to be a party to these Terms of Use.