OCEANEYE: WEBSITE TERMS AND CONDITIONS
2. Consumer Protection Act 68 of 2008
2.2.1. limit the risk or liability of Oceaneye;
2.2.2. create risk or liability for you;
2.2.3. compel you to indemnify Oceaneye or a third party; and/or
2.2.4. serves as an acknowledgement, by you, of a fact.
3. Use of the Website
3.1. By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.
4. Disclaimers and Important Information
4.1. Live streaming video feeds are provided for information purposes only. Oceaneye does not make any representation regarding the ocean, surf, beach or weather conditions.
4.2. Oceaneye disclaims all implied warranties, including but not limited to, warranties of availability, accuracy, compatibility and security.
4.3. Although Oceaneye has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or affect your system.
4.4. The use of the Website in any form is entirely at the users’ own risk and the Website is provided ‘as is’.
4.5. Oceaneye is not liable for any damages whatsoever relating to your use of and/or access of the Website in any manner, howsoever arising, including instances of loss caused by the negligence of Oceaneye and/or its affiliates, partners or representatives.
4.6. Oceaneye may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. Oceaneye accepts no responsibility for the content or use of such websites or the information contained therein.
4.8. The Website is under continued development. Oceaneye reserves the right to change the Website, it’s content, features, ocean cam locations, ocean cam views, video availability, video technology and layout without notice.
5. Site Security and Prohibited Activity
5.1. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto.
5.2. In using the Website, you must not:
5.2.1. post or otherwise transmit any unlawful or otherwise objectionable material of any kind;
5.2.2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
5.2.3. upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; or assist or permit any persons in engaging in any of the activities described above.
6. Limitation of Liability and Indemnity
6.1. In addition to clause 4 above, under no circumstances, including, but not limited to, negligence, will Oceaneye, its affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the Website.
6.2. In no event will Oceaneye, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict or otherwise) exceed five hundred South African Rand.
7.2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Durban, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office in Durban, Kwazulu-Natal.
7.5. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are hereby informed that:
Business name : Oceaneye (Pty) Ltd
Director : Graeme Brunt
E-mail address : firstname.lastname@example.org