Customer Terms Of Use

Introduction

When you use the Hiderate website to provide reviews, information, load your profile or in any way utilise any other services offered via the Hiderate website, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms do not continue to use the Hiderate website.

Important clauses that limit our responsibility or involve some risk for you may be in bold and italics. You must pay special attention to these clauses.

These Terms and Conditions include the Website Terms and Conditions of Use, the Copyright Notice and various policies listed here “insert URL” (collectively “the Terms”). Please make sure you read and understand these policies which deal with various aspects of our relationship with you including how we deal with your personal information and reviews.

No affiliate, agent, officer or employee of Hiderate has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.

Definitions

Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;

Business Hours means the hours between 08h00 and 18h00 on a Business Day;

Effective Date means the date on which you accepted the terms and conditions for a service or product, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, including telephonic acceptance;

ECT Act means the Electronic Communications and Transactions Act, 2002;

Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;

Marks means any trademarks, logos, brand names, domain names or other marks of Hiderate;

Hiderate, we, us and our means Hiderate (Pty) Limited, Registration Number [INSERT];

Conclusion of Agreement and ECT Act

You warrant that you have the contractual capacity to enter into this Agreement with us. If the Agreement is signed by a person acting in a representative capacity on behalf of you, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to Hiderate at any time will be true, accurate and complete. Hiderate reserves the right to treat all misrepresentations by you as a fraud and you indemnify Hiderate against any loss or damage that Hiderate may sustain resulting from such misrepresentation.

The provisions of the ECT Act, apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper based transactions, e.g. where you apply for a service or product by completing an agreement in writing.

You acknowledge that Hiderate will provide you with an opportunity in respect of all electronic transactions to:

  • review the entire electronic transaction;
  • correct any mistakes; and
  • withdraw from the transaction, before finally placing the order.

Hiderate is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandii and certain other information available to you when you enter into electronic transactions with Hiderate. This information is available under “Company information” on our Website.

User Name and Password

You will need a user name and password in order to enable you to gain access to and/or use a service. You will not be able to access and/or use a service without a user name and password.

You agree that:

  • you will use your user name and password for your own personal use only;

  • you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;

  • in the event that your password is compromised, you will immediately notify Hiderate and change your password;

  • you, as the holder of the user name and password acknowledge you are solely responsible for all payments in respect of a service charged to you, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of a Hiderate service;

  • you agree to cause all persons who use any services under your account or with your authorization to comply with these Terms and acknowledge that the acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;

  • you will not attempt to circumvent Hiderate's user authentication processes or engage in attempts to access Hiderate's network where not expressly authorised to do so.

  • Hiderate may offer a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us thereof and to update your details. We will not be responsible for any loss arising due to a third party gaining access to your password through your use of this password reminder service and accordingly you indemnify us from any loss you may suffer as a result thereof.

Complaints

It is important to us that your experience meets your expectations.

If you have a complaint about our service or about us, please contact us.

We’ll treat it seriously but cannot be held responsible for any loss you or any third party may suffer as a result of your use of our services or access to this website.

Hiderate does not perform site inspections of the yachts listed on the site nor do we verify information provided for accuracy. All information about a yacht is provided by a third party and not by Hiderate. While the descriptive and qualitative information about each yacht or crew member on Hiderate is of "best effort" accuracy, we make no warranties as to the accuracy or veracity thereof. It is up to you to make independent enquiries to verify the information provided.


Ratings

When you load your profile with us, you will be given an opportunity to submit feedback about your previous experience and any yachts you have worked on and to rate them. Hiderate reserves the right not to publish any comments which may be defamatory, or which are not verifiable or for any reason as determined in our sole discretion. All reviews will be dealt with in terms of our Reviews Policy and Posting Guidelines available on our website.


Marketing and Operational Messages

Hiderate is committed to protecting your privacy and your personal information. We only want to provide you with information that you want to receive and in the manner you want to receive it. Please make sure you read our privacy and data collection policies.

We will use your information to send you important operational and service messages. These details will not be used for marketing or promotions unless you let us know that you want to receive this information.

Please do not mark these operational and service messages as spam as you will not be able to receive messages relating to your enquiries or use of our services.


Credits

You will be provided with credits when you rate a yacht, load yourself as user or post a comment. Credits can be used towards services on the site.


Service Delivery and Interruptions

Hiderate will use reasonable endeavors to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services "as is" and "as available" and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.


Breach

Should you be in breach of any provision of this agreement Hiderate shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith suspend or access to the service and bar you from utilising same.


Warranties and Indemnity


You hereby warrant the following:


  • You have the right to enter into this agreement;
  • You will not be in breach of any confidentiality obligations by providing and loading information onto the website; and
  • All information provided by you is accurate and true in all material respects.

You hereby indemnify Hiderate unconditionally and irrevocably and agree to hold Hiderate harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Hiderate or instituted against Hiderate as a result of (without limitation):


  • your use of our services;
  • your failure to comply with these terms and a provision of any agreement concluded between us;
  • any unavailability of, or interruption in the service;
  • any other cause whatsoever relating to our provision of services to you.

Disclaimer and Limitation of Liability


To the extent permitted by applicable law, Hiderate shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that Hiderate is liable to you for any damages, Hiderate’s liability to you for any damages howsoever arising shall be limited to the amount of R1000.00 (one thousand rand) only.


General

Amendments : Hiderate reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website. Please note that you will be given an opportunity to read our terms and conditions and are required to accept our terms and conditions each time you use our service.

Intellectual Property : Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.

Whole Agreement : This agreement constitutes the sole record of the agreement between the parties with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

Non-Variation : No addition to, variation of, or agreed cancellation of, this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.

Waiver : No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.


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