The legal stuff

Terms & Conditions

Important information you need to know
These Terms and Conditions apply to your use of the Cape Website and Digital products (the “Cape Products”).
By using the Cape Products, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Cape Products.
We may amend these Terms and Conditions from time to time, without providing notice to you, by posting an updated version of the Terms and Conditions online at the Cape Products. You should regularly check these Terms and Conditions for any amendments. If these Terms and Conditions are amended, you must comply with the updated Terms and Conditions. If you do not agree to the updated Terms and Conditions, you must immediately cease using the Cape Products.
Capitalised terms used in these Terms and Conditions are defined in the 'Interpretation' section at the end of this document.
1. License
All copyright and other intellectual property rights in the Cape Website (including all trademarks appearing on the Cape Products) are owned by us and/or our licensors.
If you have your own validly issued (or validly registered) login details and password which may be used to access the Cape Products, we grant you a revocable, non-transferable, non-exclusive licence to use the Cape Products on your Device for your own purposes, and to download and print out a copy of the information available from the Cape Products for your own personal use.
You must not (and must not attempt to):
(a) except as permitted by the licence set out above, use or copy any part of the Cape Products without our written consent;
(b) distribute, translate, modify or tamper with, any part of the Cape Products;
(c) create derivative works of or from any part of the Cape Products;
(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms and Conditions; or
(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
2. Use of the Cape Products
You must provide your own internet access and Device in order to use the Cape Products. You are responsible for all internet access, data download and other network charges arising from your use of the Cape Products and you acknowledge and agree that we have no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your Device and for ensuring the Cape Products are accessible from your Device.
We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Cape Products. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.
3. Performance of the Cape Products
We will use reasonable endeavors to generally make the Cape Products available during our normal business hours. However, the availability of the Cape Products depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee: (a) that you will be able to use the Cape Products at any time; or (b) that your use of the Cape Products will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Cape Products may not be available for use from time to time, and that you may be disconnected from your use of the Cape Products at any time for any reason, including if: (a) any network connection difficulties occur; (b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed); (c) you breach any of these Terms and Conditions, or (d) we decide to terminate your access to those services for any reason.
We make no guarantee as to the reliability or other performance of the Cape Products. The performance of the Cape Products depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the systems which support the Cape Products.
The information available through the Cape Products is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through theCape Products is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Cape Products is current, complete and accurate before using it. Subject to the section headed 'Consumer Guarantees' below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.
Additionally, you acknowledge and agree that the information available through the Cape Products is general in nature and is intended only to provide a summary. You must not rely on the information available through the Cape Products and should instead obtain advice appropriate to your circumstances.
All offers available through the Cape Products are from the relevant third party. If you encounter an issue, you acknowledge and agree that you will make your own enquiries directly with the relevant third party.
4. Your obligations
You must not use (or attempt to use) the Cape Products:
(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms and Conditions;
(b) to access, transmit, publish or communicate material which: (i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful; (ii) is xenophobic, racist, abusive, harassing or hateful; (iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users; (iv) constitutes commercial advertising, the promotion of gambling or the promotion of your own site; (v) contains a virus or other harmful code; (vi) infringes a person's copyright or other rights; or (vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (v);
(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(d) to transmit, publish or communicate bulk and/or unsolicited messages;
(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Cape Products; or
(f) in any way that may cause us, our suppliers or other users of the Cape Products to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms and Conditions. You must immediately comply with any such request. We may immediately terminate and block your access to the Cape Products or the services provided by the Cape Products for any reason, in our sole discretion.
5. Security
To use the Cape Products and its features as intended, you must enable the Cape Products to use cookies and grant it any other permissions and access to your Device that it requires. If you do not grant these permissions and this access, you may be unable to use the Cape Products or some of its features.
Cape Products use the internet to provide services and information. By using the Cape Products, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Cape Products. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
6. Consumer Guarantees
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ("Consumer Guarantees").
Where you as a Consumer acquire goods or services under these Terms and Conditions and:
(a) the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption ("PDH Goods or Services"), the operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified; or
(b) the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option: (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms and Conditions or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
7. Liability
You acknowledge and agree that your access to, and use of, the Cape Products is at your own risk.
To the extent permitted by law, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void.
Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Cape Products, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;
(b) any Losses arising from third party offers displayed on the Cape Products; and
(c) any other Losses.
8. Privacy
We will collect, use and store your personal information in accordance with these Terms and Conditions, the Privacy Policy and applicable legislation, including for the purposes of making available the Cape Products, complying with our legal obligations, and improving the user experience in relation to the Cape Products.
If you use the Cape Products, the information that we may collect and store includes, without limitation: (a) the type of operating system and/or other software or firmware used by your Device; (b) the data you send and receive using the Cape Products, and the type and quantity of that data; (c) the dates on which and times at which you use the Cape Products; and (d) the IP and MAC address of your Device.
You represent and warrant to us that the personal information you provide to us is complete and accurate.
9. Third party links
The Cape Products may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
10. Suspension, withdrawal of or changes to Cape Products
We reserve the right to: (a) suspend your use of, or withdraw, the Cape Products and/or any of its features or components; and (b) add to, amend, remove, or disable access to, any part of the Cape Products site, in each case at any time and for any reason, without notice to you.
If requested by us, you must immediately cease use of the Products.
11. Miscellaneous
We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy.
These Terms and Conditions are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them.
12. Interpretation
In these Terms and Conditions:
(a) "Australian Consumer Law" has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
(b) "Cape Products" means the website and digital products or services operated by us from time to time at the address '', and includes any services provided and information obtained through that website;
(c) "Consumer" has the meaning given to that term by section 3 of the Australian Consumer Law;
(d) "Device" means your own internet-enabled device that is compatible with the Cape Products and has a current and working internet connection;
(e) "Losses" means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise;
(f) "Privacy Policy" means our privacy policy, as amended from time to time and published at web page accessible using the address (or any replacement web page);
(g) "Terms and Conditions" means these terms and conditions of use; and
(h) a reference to "we", "us" or "our" is to Cape Pty Ltd ABN 83 654 770 199.
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