Cape Kiting Terms of Service

EFFECTIVE DATE: August 26, 2019

1       Terms

The following terms and conditions (these “Terms of Service”) govern all use of the https://www.capekiting.co.za website, including all content, services, features, activities and products available at or through the Website. The live weather service together with all other content, services, features, activities and products available through the Website are herein referred to as the “Services”. The term “you” or “your” includes any of your subsidiaries, affiliates, employees. The Services are owned and operated by Cape Kiting (also referred to as “we”, “our” or “us”). Please read these Terms of Service carefully before using the Services.

These Terms constitute the entire agreement between Cape Kiting and you in relation to your use of the Website, and supersede all prior agreements and understandings.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF SERVICE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO CAPE KITING PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

2       Account Registration and Access

To register for the Services and create an account, you must complete the registration process by providing Cape Kiting with the requested information including your first name, last name, email address and password. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date.

Account sharing is not allowed. No one besides yourself and Cape Kiting is allowed to access your account.  Every time your account is logged on to from a device, all other devices still logged in will be logged out.

You are solely responsible for maintaining the confidentiality of your private user details such as your username and password. You are also solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. You agree to notify Cape Kiting immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

Cape Kiting may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

3       Fees

3.1    Subscription Terms

Cape Kiting offers a range of subscription plans to its Services (each, a “Plan”). Each Plan offers a different set of features along with custom email communications sent (“Emails”) in any given month of the subscription period.

You will select your Plan as part of your registration for the Services. Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly). You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.

At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Cape Kiting with email notice (sent to info@capekiting.co.za) of your intent not to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period.

To view the specific details of your Plan, including pricing information and the end date of your subscription period, login to your account on the Cape Kiting Website and navigate to the “membership account” page or contact us at info@capekiting.co.za.

3.2    Billing Policies, Refunds, and Upgrade and Downgrade Terms

  1. The fees for your Plan are billed in advance of each billing cycle.
  2. In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services.
  3. If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan.
  4. If you desire to downgrade your Plan level prior to the end of your subscription period, please provide written notice to info@capekiting.co.za or do so on the “membership account” page on the Website. The Plan downgrade will take effect the first billing cycle that occurs more than thirty (30) days following your notice to Cape Kiting, and you will not receive any refunds for payments made on your current billing cycle.
  5. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
  6. Any questions involving upgrades or downgrades to your Plan can be directed to info@capekiting.co.za.

3.3    Changes in Fees

We may change the fees for the Services at any time or impose additional fees or charges.

Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees.

3.4    Payment of Fees

As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan and any other fees for additional services you may purchase.

We will bill the fees due under your Plan to the credit card or debit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers and changes in your Plan and you authorize us to bill you the corresponding amounts.

We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in ZAR (South African Rand).

3.5    Credit / Debit Card Payments

All fees for your Plan will be billed to your credit or debit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit or debit card account until you or we, cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.

You must provide current, complete and accurate billing and credit/debit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Cape Kiting if your card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Cape Kiting username or password).

You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit/debit card issuer for details.

3.6    Account Cancellation

You may cancel your Plan upon 30 days’ notice by sending an email to info@capekiting.co.za.

For clarity, if you cancel your plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period.

If you cancel your Plan, you will immediately lose all access to the Services included with the Plan.

4       Use License

Other than the content you own, under these Terms, Cape Kiting and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose or for any public display;
  3. attempt to reverse engineer any software contained on Cape Kiting’s Website;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transferring the materials to another person or “mirror” the materials on any other server;
  6. use this Website in any way that impacts user access to this Website;
  7. use this Website in any way that is or may be damaging to this Website;
  8. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  9. use this Website to engage in any advertising or marketing.

Any violation of these Terms may lead to Cape Kiting terminating your membership account. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

5       Limitations

Cape Kiting or any representative will not be held accountable for any damages that will arise from the use or inability to use the materials on Cape Kiting’s Website, even if Cape Kiting or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage.

6       Revisions and Errata

The materials appearing on Cape Kiting’s Website are provided “as is” and may include technical, typographical, or photographic errors. Cape Kiting makes no warranties, may it be expressed or implied, that any of the materials on this Website or any sites linked to this Website are accurate, complete, reliable, or current. Cape Kiting may change the materials contained on its Website at any time without notice. Cape Kiting does not make any commitment to update the materials.

7       Links

Cape Kiting has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Cape Kiting of the site. The use of any linked website is at the user’s own risk.

8       Service Failures

Cape Kiting does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to Cape Kiting’s hardware or servers, (b) caused by outages to any public Internet backbones, networks or servers; (c) relating to events beyond Cape Kiting’s control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labour conditions, earthquakes or natural disasters.

9       Privacy

Cape Kiting’s Privacy Policy is incorporated into this Agreement by this reference and is available at https://www.capekiting.co.za/privacy-policy.

10  Governing Law

Any claim related to Cape Kiting’s Website shall be governed by the laws of South Africa (ZA) without regards to its conflict of law provisions

11  Site Terms of Service Modifications

Cape Kiting may revise these Terms of Service for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

12  Notices

Cape Kiting may deliver notice to you under this Agreement by (a) means of electronic mail, (b) posting a notice on the Cape Kiting Website or (c) a communication to your Cape Kiting account.

Unless otherwise specified, any notices to Cape Kiting must be sent via email to:

info@capekiting.co.za

Effective Date of this Terms of Service:

This Terms of Service is effective the Effective Date set forth at the top of this document.