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Email: capephil@icon.co.za
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Conditions of Use Conditions of Use

Terms & Conditions

Web Site Terms of Service Agreement between user and Cape Philatelics

This web site is offered to persons, organisations, firms or companies (the "User") conditioned on User's acceptance without modification of the terms, conditions and notices contained herein (the "Web Site Terms of Service"). These Terms of Service constitute a legal agreement between User and Cape Philatelics and its affiliates. This web site contains links to web sites, web pages and services also operated by Cape Philatelics. User signifies its acceptance of these Web Site Terms of Service, and Cape Philatelics by entering and using the Cape Philatelics Sites and the terms, conditions, notices and guidelines, if any, contained on each Cape Philatelics Site accessed by User (the "Cape Philatelics Site Terms and Conditions").
In the event that these Web Site Terms of Service and/or Cape Philatelics Privacy Policy conflict with the Cape Philatelics Site Terms and Conditions then the following priority will apply; (i) the Cape Philatelics Site Terms and Conditions, (ii) the Web Site Terms of Service and (iii) Cape Philatelics Privacy Policy (referred to hereinafter collectively as the "Conditions"). User agrees to click on the links to and familiarize itself with the Conditions.

Copyright & Trademarks

All the information, data, text, graphics, links or computer code published on, contained or available on the Cape Philatelics Sites and associated publications (the "Material") are the copyright of Cape Philatelics or its content suppliers.
The names and logos of Cape Philatelics and all related product and service names, design marks and slogans are the trade names, service marks or trademarks of Cape Philatelics and may not be used without the prior written consent of Cape Philatelics.
All product names mentioned are acknowledged as the trademarks or registered trade marks of their respective owners. All trademarks are acknowledged.
No rights to, or property in the Cape Philatelics Sites or the Material shall pass to User.

Registration

User undertakes to register, where applicable, for use of Cape Philatelics Sites using their correct name, address and any other requested details. User may be asked to enter details of a credit, debit or charge card. User must ensure that; (i) they are fully entitled to use that card at the time when they enter its details, and (ii) the card has available funds sufficient to cover all charges incurred on it in the course of using Cape Philatelics Sites.

Use of Cape Philatelics Sites

Cape Philatelics grants User the right to view and use the Cape Philatelics Sites and to download, where applicable, a single copy of the Material (but not the computer code or any part, the copying of which is strictly forbidden). Unauthorized use of the Material including reproduction for purposes other than those noted above, modification, distribution or republication without the prior written consent of Cape Philatelics or, where applicable, the respective copyright owner is prohibited.
Save for any express guaranties and/or warranties contained in these Conditions the Material is published for information purposes only and while every effort is made to ensure that it is accurate Cape Philatelics assumes no responsibility for errors or omissions. It is the responsibility of User to identify and confirm the accuracy and suitability of the Material for whatever purpose User requires or wishes to use the Material.
As a condition of use of the Cape Philatelics Sites User warrants to Cape Philatelics that it will not use the Cape Philatelics Sites, the Material or part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in a defamatory, obscene, threatening, abusive or hateful manner. User shall indemnify Cape Philatelics, its servants and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as the result of any claims made, or litigation brought, against Cape Philatelics, its servants and agents, as a result of the use by User of the Cape Philatelics Sites, the Material or part thereof for whatever purpose.
Where Cape Philatelics Sites contain chat areas, news groups, email, forums and/or other message or communication facilities (collectively "communications facilities"), User shall only send or receive messages and material that are proper and related to the particular forum. In particular and without limitation when using Communication Facilities User shall not publish, post, download, upload or distribute:
  • obscene, indecent, discriminatory, infringing or unlawful material or information.
  • software or other material protected by intellectual property laws without the written consent of the relevant rights owners.
  • viruses or any similar software or programs that may damage the operation of Cape Philatelics Sites, third party web sites and/or computers.

Offers Made Online Or By Electronic Mail

All Cape Philatelics offers made by electronic mail commence on the date that the electronic mail is dispatched by Cape Philatelics and terminate six months later, unless otherwise indicated.
Cape Philatelics reserves the right to amend or withdraw any offers made either online or by electronic mail without notification.
User also agrees that it shall not:
  • advertise or offer for sale any goods and services for commercial purposes.
  • prohibit any other user's access to the Communications Facilities.
Cape Philatelics reserves the right at all times to disclose any information concerning Cape Philatelics Sites and its users as necessary to satisfy any applicable law or regulation, or to edit or remove any information or material from Cape Philatelics Sites in whole or in part.
User acknowledges that Communications Facilities are public and not private communications and may be read by others. Cape Philatelics does not endorse the content of any information and material contained within the Communications Facilities and accepts no liability with regard to the Communications Facilities or from User's participation in them.
Cape Philatelics reserves the right at its sole discretion to withhold, edit or delete material posted to Cape Philatelics Sites.

Third Party Websites

Cape Philatelics Sites may contain links to web sites operated by parties other than Cape Philatelics. Such links are provided for User's convenience only. Cape Philatelics does not control such web sites, and is not responsible for their contents. Cape Philatelics inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Limitation of Liability

Save for any express warranties and/or guaranties contained in these conditions Cape Philatelics hereby disclaims all warranties and conditions with regard to the material, goods and services supplied, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose) save as expressly stated in these conditions in no event shall Cape Philatelics be liable for any indirect, punitive, special, incidental or consequential damages whatsoever even if Cape Philatelics has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Cape Philatelics sites, interruptions or delays to Cape Philatelics sites, the provision of or failure to provide services, or for any information, material, goods and services obtained through Cape Philatelics sites or otherwise arising out of the use of the Cape Philatelics sites, whether based on contract, tort or otherwise to the fullest extent permitted by law.

Termination

Cape Philatelics reserves the right to terminate and/or suspend User's access to all or any part of the Cape Philatelics Sites at any time without notice whether for breach of these Conditions or otherwise without any further obligation to User.

Submission of Comments; Ideas and other Information

Any comments or information provided by User to Cape Philatelics (for example, descriptions of alleged defects, feedback, suggestions, ideas, concepts, or other information; collectively, the "Submissions"), shall be deemed, and shall remain, the sole property of Cape Philatelics. The Submissions shall not be subject to any obligation of confidence on the part of Cape Philatelics, and Cape Philatelics shall not be liable for any use or disclosure (including publication in any medium or inclusion in any product) of any Submissions.

Force Majeur

The parties hereto shall not be held to be in breach of its obligation hereunder nor liable to the other for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of god, fire, storm, flood, lightening, strike, trade dispute, any act or omission of government or regulatory bodies or communications operators.

Changes to this Agreement

Cape Philatelics reserves the right to revise these Conditions at any time and without notice at its sole discretion. User is bound by the version of this agreement that is in effect on the date of its visit.

General

All notices which are required to be given hereunder shall be sent by electronic mail and shall be deemed to have been given at the time the electronic mail is received at either party's electronic mail address.
If any provision of these Conditions is held to be invalid or unenforceable the validity or enforceability of the remaining provisions shall not be affected.
These Conditions constitute the entire agreement between Cape Philatelics and the User and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between User and Cape Philatelics regarding the Cape Philatelics Sites.
Any failure of Cape Philatelics to exercise or enforce any of its rights under these Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.

Jurisdiction

Your use of this Site is governed by the laws of South Africa and the parties hereto submit to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the Cape Philatelic Sites or these Conditions.

Information gathered on our registration form

To enable you to participate in Cape Philatelics on line auction service we require you to complete a registration form. This information is used to check your eligibility for registration and to invoice you for products purchased from Cape Philatelics Sites.
Cape Philatelics also uses information from the registration form for accounting purposes, to contact you in connection with the use of our service and to provide you with information of other services offered by Cape Philatelics which may be of interest to you. You may request that we remove you from our mailing list by contacting us using the contact details provided on CapePhilatelics.com.

Sharing of the information

Your personal information will only be available to the Cape Philatelics group, and will not be passed to a third party. Cape Philatelics does not sell, rent, share, trade or give away any of your personal information on our email lists. This site contains links to other sites not controlled by Cape Philatelics. Cape Philatelics is not responsible for the privacy practices of such third party web sites.

Security

Security is one of Cape Philatelics highest priorities and we have expended a great deal of effort to ensure that our online security measures are designed to help safeguard information under our control. Cape Philatelics uses industry standard secure sockets layer (SSL) encryption technology for the transfer of credit card information.

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