This website is published by Noble Resorts Harbour Bay, a property development company based in Simons Town, South Africa. If you wish to make use of this website, you must agree to the following terms and conditions of use. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, please do not use this website.
2. LICENSE TO USE WEBSITE
Noble Resorts Harbour Bay, unless otherwise stated, owns the intellectual property rights to this website and all material on this website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may not:
3. ACCEPTABLE USE
You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.
You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Noble Resorts Harbour Bay’s express written consent.
You may not use this website to transmit or send unsolicited commercial communications.
You may not use this website for any purposes related to marketing without Noble Resorts Harbour Bay’s express written consent.
4. NO WARRANTIES
This website is provided “as is” without any representations or warranties, express or implied. Noble Resorts Harbour Bay makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Noble Resorts Harbour Bay does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, investment or property-related matter you should consult an appropriate professional.
5. LIMITATIONS OF LIABILITY
Noble Resorts Harbour Bay will not be liable to you (whether under the law of contract or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Noble Resorts Harbour Bay has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Noble Resorts Harbour Bay’s liability in respect of any:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, please do not use this website.
8. OTHER PARTIES
You accept that, as a limited liability entity, Noble Resorts Harbour Bay has an interest in limiting the personal liability of its directors and employees. You agree that you will not bring any claim personally against Noble Resorts Harbour Bay’s directors or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Noble Resorts Harbour Bay’s directors, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Noble Resorts Harbour Bay itself.
9. UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Noble Resorts Harbour Bay and undertake to keep Noble Resorts Harbour Bay indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Noble Resorts Harbour Bay to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Noble Resorts Harbour Bay arising out of any breach by you of any provision of these terms and conditions.
11. BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, Noble Resorts Harbour Bay may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Noble Resorts Harbour Bay may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Noble Resorts Harbour Bay may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
14. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the Republic of South Africa.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. ENTIRE AGREEMENT