TERMS AND CONDITIONS

Use of Site:

The content of this Knysna Yacht Company website and its individual pages is for your general information and use only. It is subject to change without notice.

Accessing this site implies that you agree to these terms and conditions, as well as that you are familiar with the Knysna Yacht Company Privacy Policy and Disclaimer. These documents might be amended from time to time and it is each user’s responsibility to check back regularly.

These terms and conditions apply to the Knysna Yacht Company website only. Other websites linked to or from this site, as well as other services or companies referring to have their own terms and conditions, which might not necessarily coincide with those of Knysna Yacht Company.

Reservation of Rights:

Knysna Yacht Company reserves all of rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that Knysna Yacht Company may have in this website, its content, and the goods and services that may be provided.

The use of the rights and property of Knysna Yacht Company requires prior written consent from Knysna Yacht Company. Knysna Yacht Company is not providing you with any implied or express licenses or rights by making services available to you.

Services:

This website and its related services are provided on an “as is” basis. Knysna Yacht Company is the owner of this website and exclusively reserves all associated rights and may (at any time and without notice and any liability to its users) modify or discontinue this website and its services and / or delete the data provided – whether temporarily or permanently. Knysna Yacht Company shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

Third Party Services:

Goods and services of third parties may be advertised and / or be made available on or through this website. Representations made regarding products and services provided by third parties are governed by their own policies. Knysna Yacht Company shall not be liable or responsible for any dealings or interaction with third parties.

Content:

This website may contain content that may be objectionable. Knysna Yacht Company is not responsible for viewpoints differing from that of users.

All information or data of any kind (including, but not limited to, text, images /photographs / graphics, videos, music / sound files and software / code), publicly or privately provided, shall be the sole responsibility of the person providing the content or the person whose user account is used.

Submission of Content:

By providing any content to this website:

• you agree to grant to Knysna Yacht Company a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display / publish, distribute, promote, reproduce / modify / adapt, translate or save / archive the content. This includes creating derivative works and compilations thereof – in whole or in part. Such license will apply with respect to any form, media and technology known or later developed;

• you warrant that you have all legal, moral and other rights that may be necessary to grant Knysna Yacht Company with the right / license as above;

• you acknowledge and agree that Knysna Yacht Company shall have the right (but not obligation), in the sole discretion of Knysna Yacht Company to refuse to publish or to remove or block access to any content you provide at any time and for any reason – with or without notice.

Prohibitions:

• Copying, reproducing, republishing or distributing the website and associated content, including the layout, design elements, images and text (also applicable to deep-linking, embedding or the use of analogous technology)

• Providing any content or perform any conduct that may be illegal, harmful / abusive / threatening, harassing, defamatory, libellous, offensive or vulgar / explicit / pornographic – including content or actions designed to (or which do) interfere with or interrupt this website or any service provided; content infected with a virus or other destructive or deleterious programming routine; content giving rise to civil or criminal liability; or content / actions which may violate an applicable local, national or international law, including (but not limited to) laws relating to copyrights, trademarks, patents or trade secrets

• Providing or using this website and any content or service in any commercial manner or in any manner that would involve junk mail, spamming, chain letters, pyramid schemes, or any other form of unauthorised advertising without prior written consent from Knysna Yacht Company

• Impersonating or misrepresenting your association with any person or entity, or forge or otherwise seek to conceal / misrepresent the origin of any content provided by you

• The collecting or harvesting of any data about other users

Monitoring:

Knysna Yacht Company has the right, but not the obligation, to monitor any activity and content associated with this website. Knysna Yacht Company may investigate any complaints or reported violation of these terms and conditions and take any action that Knysna Yacht Company deems appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to users’ access and / or removing any materials from the website.

Indemnification:

You agree to indemnify and hold ?? (including its directors, employees, agents, affiliates, partners, independent contractors, advertisers and co-branders) harmless from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of conduct or connection with this website or service, your provision of content, your violation of these terms and conditions, or any other violation of the rights of another person or party.

Please also read the Knysna Yacht Company Disclaimer.

Law:

These terms and conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute. However, Knysna Yacht Company has the right, at the sole discretion of Knysna Yacht Company ,to commence and pursue proceedings in alternative jurisdictions.

Miscellaneous:

• In the event that these terms and conditions conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these terms and conditions will remain valid and intact.
• Failure of either party to assert any right under these terms and conditions shall not be considered a waiver of that party’s right and that right will remain in full force and effect.
• You agree that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose, or the claim shall be forever barred.

Continued use of this website signifies your acceptance of these terms and conditions.