TERMS AND CONDITIONS FOR CAPE CAMINO PILGRIM

 

This document sets out the terms and conditions upon which Cape Camino Proprietary Limited (“Cape Camino”) agrees to allow you, as the Pilgrim, to sign up to the Website and embark on a Cape Camino pilgrimage. Your mere receipt of this document and continuation in signing up for the Cape Camino website (“the Website”) indicates your explicit and / or tacit acceptance of the terms and conditions listed below.

 

1. CAPE CAMINO

   1. By accepting these terms and conditions, the Pilgrim is agreeing to become a member of the Cape Camino pilgrim community for the membership period (the time it takes to complete your passport with service provider stamps).

   2. Cape Camino is an information resource and community connection tool only. By becoming a member, you will have access to the Cape Camino information resources, a database of Service Providers and discounted rates.

   3. Cape Community is not a tour service. Cape Camino will not accompany you along your pilgrimage. If you use the services of guides/chaperones in your directory then that is up to you.

   4. Cape Camino will communicate with the Pilgrim community regarding updates, safety concerns, news or events through the Website.

2. PAYMENT

   1. An Experience Pack cost R1400 (2019 rates)

   2. Packages start from R3000 per person.

   3. Tailor-made package include a 20% service fee.

   4. Once your passport is full of stamps, you will need to purchase a new one to claim discounts and walk the route.. If payment lapses, the Pilgrim will not have membership access to the Website.

3. SERVICE PROVIDERS AND SACRED SITES

   1. Cape Camino has developed a database of restaurants, hospitality accommodation, logistical support, guides, transport services, security services, shops, bars and other businesses (“Service Providers”) which are committed to assisting the pilgrims along the way.

   2. Membership of Cape Camino entitles the Pilgrim to preferential access and certain discounted rates from the Service Providers. Membership does not entitle the Pilgrim to free products or services from the Service Providers.

   3. Pilgrims will not be offered any discounts on alcoholic beverages.

   4. Membership of the Cape Camino allows the Pilgrim access to a network of sacred sites and community projects. No discounts will be offered at sacred sites or community projects.

4. YOUR SUBMISSIONS

   1. By submitting content to the Website, such as when creating a user profile or commenting on the community boards, the Pilgrim automatically grants Cape Camino a royalty-free, perpetual, irrevocable and non-exclusive right to use, reproduce, modify, distribute and publish such content in any form of media or technology whether now known or hereafter developed.

   2. The Pilgrim is responsible for its own Content and is responsible for the consequences of posting of such Content.

   3. The Pilgrim may not post the following things:

      1. content that is copyrighted, unless the Pilgrim is the owner of that copyright or has the permission of the copyright owners to post the same;

      2. material which is obscene, defamatory, harassing or embarrassing to another Pilgrim or person;

      3. any advertisements, promotional materials, spam or any other form of solicitation of any other Pilgrim or person;

      4. impersonations or misrepresentations of the Pilgrim’s affiliation with any person or organization.

   4. Cape Camino does not guarantee the truthfulness, accuracy or reliability of any content posted by other pilgrims or endorse opinions expressed by the same.

   5. Cape Camino does not screen communications in advance and is not responsible for monitoring material posted by pilgrims.

   6. Cape Camino reserves the right to investigate any communication which it feels breaches these Terms and Conditions and determine in its sole discretion whether to remove the communication or expel the Pilgrim from the Website.

5. PILGRIMAGE RULES:

   1. The Pilgrim agrees to respect and act with dignity while on the pilgrimage route towards Service Providers and at sacred sites.

   2. The Pilgrim agrees to not litter, graffiti or cause any other damage of any nature to the route, Service Providers or sacred sites.

   3. If a purchase has been made for a passport or package and unfavourable weather conditions occur, it is up to the pilgrim to decide how to move forward. Cape Camino is not liable for any refunds in this case. You are encouraged to keep walking, however, transport is also an option.

   4. Failure to abide by any of the above rules or any other rules instituted by Cape Camino, in its sole discretion, may result in the Pilgrim’s membership being retracted.

   5. There are natural elements such as baboons, snakes, crime. These are all the responsibility of the pilgrim. Cape Camino simply offers information, a guarantee of a certain experience.

6. USE OF MATERIAL ON THE WEBSITE

Everything on this Website, such as images, photographs, illustrations, text and other materials (“the Content”) is the property of Cape Camino, its partners or licensors. The Pilgrim may not copy, sell, reproduce, distribute or utilise in any manner any of the Content on this Website, without Cape Camino’s prior written permission.

1. RIGHT OF ADMISSION RESERVED

Cape Camino reserves the right to refuse membership or access to any person at its total and complete discretion, whether on signing up for membership or during the membership period.

1. INDEMNITIES

The Pilgrim indemnifies and hold harmless Cape Camino, its directors, employees, agents or affiliates from any demand or legal proceedings of any nature including attorney’s fees and related costs made by any third party arising out of or in connection with that Pilgrim’s use of this Website or any of activity experienced on the route, or any products or services offered by Service Providers connected to Cape Camino.

The Pilgrim takes full responsibility for any injury or damage to him/herself or his/her belongings. Cape Camino is in no way liable, even for organised Caminos. 

1. DISPUTE RESOLUTION

   1. Should any dispute or difference arise between the parties in relation to the membership or pilgrimage, the parties agree to negotiate in good faith to resolve such dispute amicably.

   2. The parties both agree that in no circumstance will either party publicize the dispute on any social media platform. The parties understand that a publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.

2. PERSONAL INFORMATION

   1. Cape Camino collects, collates, processes, exports and uses the following types of information about you when you use this Website:

      1. information provided by you . Cape Camino collects personal information (that is information about you that is personally identifiable like your name, address, age, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, product and service preferences and contact preferences that are not otherwise publicly available) when you complete the registration process; and

      2. information that is collected automatically . Cape Camino receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (which are described in clause 10.2 below), your Internet Protocol (“ IP”) address, browser type, web beacons, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at the Website. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet. Cape Camino may also use some of these automatic data collection tools in connection with certain emails sent from Cape Camino and therefore may collect information using these tools when you open the email or click on a link contained in the email.

   2. Cookies are a common internet technology. Many web sites use cookies to provide useful features for their users. Cookies are files that are written or downloaded to your computer’s hard drive when you access a site. They may allow Cape Camino to store and quickly retrieve login information on your computer and provide data that Cape Camino can use to improve the quality of its service. Certain internet browsers may be initially set up to accept cookies. If you prefer, you can set your browser to refuse cookies, although you may not be able to take full advantage of the Website if you do so.

   3. Cape Camino may link information stored in cookies such as your age, gender and country with your personally identifiable information and it may use such information to gather statistics about the number of people who visit the Website and to customize the Website’s content, layout and services for delivery to you.

   4. Cape Camino’s advertising partners may set and access cookies or use other technologies such as web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies) in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies. Cape Camino uses its reasonable efforts to ensure that its advertising partners are operating privacy policies that are in accordance with its own privacy standards as set out in herein.

3. ACCESS TO AND ACCURACY OF YOUR INFORMATION

   1. Cape Camino strives to keep your personal information accurately recorded. Cape Camino has implemented technology, management processes and policies to help maintain data accuracy. Cape Camino provides individuals with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.

   2. To protect your privacy and security, Cape Camino will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Cape Camino you can utilize the “Account Information” function on the Website.

   3. You are entitled to request access to any relevant personal data held by Cape Camino as laid out in the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and where such access is necessary for you to exercise and/or protect any of your rights.

4. DISCLAIMER

   1. The Pilgrim utilizes this Website and the route at its own risk.

   2. To the maximum extent permitted in law; Cape Camino, its members, employees, suppliers, partners, affiliates and agents accept no liability whatsoever for any loss, costs, fines or damages whether direct or indirect, consequential or arising from information made on the Website or any actions or transactions resulting therefrom.

   3. The Pilgrim acknowledges that the Website does not sell its own goods or services and accordingly, Cape Camino shall accept no liability for inferior product quality of any products supplied by the Service Providers.

   4. By agreeing to become a member of Cape Camino, the Pilgrim agrees that s/he does so entirely at his/her own risk in each and every respect. The Pilgrim waives all and any of its rights to claim against the owner, its officers, other guests or employees for any injury, loss, theft, damage or death to the Pilgrim, his/her guests or property howsoever or whensoever caused.

5. GOVERNING LAW

This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

1. GENERAL

   1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 14.5 below, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms and Conditions or their duly authorised representatives.

   2. No indulgence, leniency or extension of time granted by the Website owner shall constitute a waiver of any of Cape Camino’s rights under these Terms and Conditions and, accordingly, Cape Camino is not to be precluded as a consequence of having granted such indulgence, from exercising any rights against the Pilgrim which may have arisen in the past or which might arise in the future.

   3. Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

   4. The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

   5. Cape Camino may amend, vary and/or modify these Terms and Conditions at any time, and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions on this Website (“ the modified Terms and Conditions”). Accordingly, the Pilgrim’s continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.

   6. The parties consent to the non-exclusive jurisdiction of the Western Cape High Court (Cape Town). In terms of Section 45 of the Magistrate’s Courts Act (no 32 of 1944, as amended) or any comparable legislation, both parties consent to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of any action arising between Cape Camino and the Pilgrim.

   7. You hereby consent to receive any and all approaches and/or communications from Cape Camino, its members, agents and/or their marketing service providers, (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@capecamino.co.za advising Cape Camino of same.

   8. Should you have any complaints or queries, kindly address an e-mail to info@capecamino.co.za advising Cape Camino of same, or alternatively contact Cape Camino at [insert]. Cape Camino’s postal address is [insert].