Terms

Terms and Conditions

Disclaimer on use of website

By using this website you acknowledge and agree to this website.

Use of this website and related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.

Use of this website or information, products and services available on this website is at the user’s own risk. Notwithstanding the provisions of section 43(5) and 43(6) of the Electronic Communications and Transaction Act, Hermanus Information accepts no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the information on this Website, your use of this Website or any actions or transactions resulting there-from, even if Hermanus Information has been advised of the possibility of such loss, expense, claim or damages.

Hermanus Information makes no presentation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information obtained from this Website.

Hermanus Information also makes no warranty or representation, whether express or implied, that the products, information or files available on this Website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. Hermanus Information accepts no responsibility for any errors or omissions on this Website.

Hermanus Information may, in its sole discretion, at any time, suspend or terminate the operation of this website or any of the products or services provided in terms of this Website, without prior notice.

Notwithstanding the fact that this Website may refer to and/or provide links to other websites, your use of such other websites is entirely at your own risk and Web Publishers is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Website. Web Publishers also does not endorse, warrant or make any representations about the content, products, services, security or reliability of such other websites.

All rights reserved.

Disclaimer on E-mails

The information is or attached to this e-mail message is confidential and may be subject to legal privilege and client confidentiality. If you are not the intended recipient of this e-mail or the authorised representative of the recipient then please notify the sender of this e-mail immediately by return e-mail and delete this message from your system. You may not print, store, forward or copy this message or any part thereof or disclose or cause information on this message to be disclosed to any other person.

Hermanus Information cannot be held liable for any harm or loss resulting from malicious software code or viruses in this message or attachments, including data corruption resulting there from.

Employees or representatives of Hermanus Information are not permitted to send unsolicited messages (“spam”) and Hermanus Information cannot be held liable for their sending of such mail. If you regard this message as spam, please inform us immediately by sending an e-mail to

If this message obtains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the senders scope of employment with Hermanus Information and only the sender can be held liable in his/her personal capacity.

Privacy Policy

Hermanus Information recognises the importance of protecting your personal information and as such subscribes to the principles, outlined in Section 51 of the Electronics Communications and Transaction Act 2002 that governs your right to having your personal information kept private.

Hermanus Information defines personal information as all information specific to yourself that you provide us over the internet or any other channel.

This includes personal data that you provide us to obtain an online quotation, questions you ask via e-mail or your personal facility data that you may want to view and or amend.

Hermanus Information has the highest regard for the privacy of its customers and will use personal information only as appropriate in the normal course of business to provide the products and services you have requested.

Hermanus Information will also use this information to positively identify you when you contact us on-line.

Hermanus Information does not and will not sell or provide personal information to third parties for independent use.

We may, however, share personal information with our business partners if that information is required to provide the product or services you have requested.

However, our business partners will adhere to using any information only as directed by Hermanus Information

We value the information that you choose to provide us and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration.

The information we maintain concerning your customers is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

Hermanus Information uses state of the art technology and encryption to prevent any unauthorised access to your personal information when registering or transacting on our Website.

As your business partner, we keep appraised with the latest global developments in security technology to ensure that your web transactions with us are adequately secured and protected at all times.

When you use the on-line services or facilities provided by us, access to your personal information or to transact on-line would require a user name and password to validate your identification and enable access to our secured environment.

You must always keep this information secret and ensure that you do not disclose it to anyone.

Therefore to ensure continuance in preventing unauthorised access to your information we recommend that you change your password on a monthly basis or, immediately should your password compromised in any way.

Hermanus Information

The Hermanus Information website is a Non Government Organisation and not associated with the Municipality of Hermanus.

Those Adding Listings and or Events and visitors of the Hermanus Information website:

Welcome to the Hermanus Information

Hermanus Information is a Business and Events website that connects you with Hermanus businesses and Tourism in the Overberg.

The Hermanus Information (defined below) is operated by Web Publishers and its subsidiaries and affiliates (“us,” “we” or “Hermanus Information”). By using or accessing the Hermanus Information, you agree that you have read, understand and are bound by these Terms of Use (“Terms”).

We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice.

Your continued use of the Hermanus Information after any such changes constitutes your acceptance of the new Terms.

Eligibility

You may not use the Hermanus Information if you are under 13. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the Hermanus Information.

Registration

When you register for and use the Hermanus Information, you will be asked to provide information about yourself (“User Data”). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited

By using or accessing the Hermanus Information you Represent, Warrant and Agree that you will not:

• Do anything that could disable, overburden or impair the proper working of the Hermanus Information.
• Use any robot, spider, scraper or other automated means to access the Hermanus Information.
• Send spam or any other unauthorized advertisements or solicitations through or using the Hermanus Information.
• Harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively “Contact Information”) of users of the Hermanus Information without consent from such users.
• Solicit private information (including social security numbers, credit card numbers and passwords) from users of the Hermanus Information.
• Provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization.
• Use your profile (as opposed to a Page) for any commercial purpose.
• Offer any contest, sweepstakes, coupon or other promotion through the Hermanus Information without our prior written consent.
• Use an I-Frame or offer web search functionality on the Hermanus Information.
• Intimidate or harass any user.
• Do anything that is illegal, infringing, fraudulent and malicious or could expose Hermanus Information or the Hermanus Information users to harm or liability or Attempt, encourage or facilitate any of the above.

Content

By using or accessing the Hermanus Information you represent, warrant and agree that you will not Post:

• User Content that violates the law or anyone’s rights, including intellectual property (“IP”) rights or other proprietary rights (such as rights of publicity and privacy).
• Any Contact Information or private information of any third party.
• False, misleading or fraudulent information.
• Any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment.
• Alcohol-related or other mature content on Pages on the Hermanus Information that have not set appropriate age based restrictions (based on the country in which the page will be viewable).
• User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.

Hermanus Information does not pre-screen, review or approve every User Content posted.

Hermanus Information may, in its sole discretion, remove or disable access to any User Content.

“User Content” means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Hermanus Information. “Post” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Hermanus Information.

Privacy

We respect the privacy rights of third parties and you must do so as well on the Hermanus Information.

If you collect, access or use information relating to any user of the Hermanus Information (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not Hermanus Information.

Rights

Except for User Content and Applications/Connect Sites, all Materials, Content and Trademarks on the Hermanus Information are the property of Hermanus Information and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Except as expressly authorized by Hermanus Information in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.

Licenses

You are solely responsible for the User Content that you Post on or through the Hermanus Information.

You hereby grant Hermanus Information an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Hermanus Information or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Hermanus Information or the promotion thereof.

You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

If you own or control a website, you may place Hermanus Information’s link button, logo and/or text (a “Link”), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on the Hermanus Information. By offering a Link on your website, you agree, represent and warrant that you will not place a Link on any page containing content that would violate these Terms if posted on the Hermanus Information.

The rights granted in this paragraph may be revoked by us at any time in our sole discretion and upon such termination, you will immediately remove all Links from your website.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Hermanus Information (“Submissions”), are non-confidential and non-proprietary. Hermanus Information will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disputes

You agree not to hold Hermanus Information responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Hermanus Information.

This includes transactions conducted on the Hermanus Information as well as the collection, handling and sharing of personal information that you provide to third parties.

If you have a dispute with a third party relating to the Hermanus Information, you release Hermanus Information and its directors, officers, employees and agents (collectively, the “Hermanus Information Entities”) from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

If you believe that the Hermanus Information or Hermanus Information business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Hermanus Information legal department.

If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Hermanus Information is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold Hermanus Information Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys’ fees) (“Claim”) arising out of or related to your (a) use of the Hermanus Information or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Hermanus Information reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hermanus Information and you agree to cooperate with Hermanus Information defense of these Claims.

Disclaimers

USE OF THE Hermanus Information IS AT YOUR OWN RISK.

THE HERMANUS INFORMATION, WEBSITES and ALL APPLICATIONS, FEATURES, CONTENT and MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE HERMANUS INFORMATION ARE PROVIDED “AS IS” and “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HERMANUS INFORMATION, ITS SUPPLIERS, LICENSORS and PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE and NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, HERMANUS INFORMATION, ITS SUPPLIERS, LICENSORS and PARTNERS DO NOT WARRANT THAT THE HERMANUS INFORMATION WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE HERMANUS INFORMATION OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HERMANUS INFORMATION IS NOT RESPONSIBLE OR LIABLE FOR, and DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE HERMANUS INFORMATION (COLLECTIVELY, “THIRD PARTY MATERIALS”).

WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS and WE CANNOT and DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE.

IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK and YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY and DATA GATHERING PRACTICES and OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS and POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, and YOU MIGHT HAVE ADDITIONAL RIGHTS.

Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HERMANUS INFORMATION ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE HERMANUS INFORMATION, THE HERMANUS INFORMATION WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE HERMANUS INFORMATION, EVEN IF HERMANUS INFORMATION OR A HERMANUS INFORMATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN SUCH CASES, HERMANUS INFORMATION’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF HERMANUS INFORMATION ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS and CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE HERMANUS INFORMATION, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE HERMANUS INFORMATION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO HERMANUS INFORMATION DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM.

Termination

We may terminate your account on the Hermanus Information, delete your profile and any User Content you have Posted on or through the Hermanus Information and/or prohibit you from using or accessing the Hermanus Information (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice.

Further, we reserve the right to change any aspect or feature of the Hermanus Information at any time without notice.

The following sections will survive any termination of your use of the Hermanus Information: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers and Other.

Other

The “Hermanus Information” means the features, services and properties that Hermanus Information makes available through (a) www.Hermanus Information or any other Hermanus Information-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Hermanus Information Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms “includes,” “including,” “e.g.,” “for example,” and other similar terms used herein are deemed to include the term “without limitation” immediately thereafter.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to affect the intent of the parties.

An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from Hermanus Information at the email address you provide in registering for the Hermanus Information or otherwise elect in your account settings.

These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the Hermanus Information.