For the use of the services under the top level domain innovationcity.co.za

Welcome to Innovation City Cape Town! Below you will find the general terms and conditions governing the use of innovationcity.co.za. and all of its sub-domains and aliases of these domains (Innovation City Cape Town Website(s) or Website(s)). By signing up for a service with Innovation City Cape Town you consent to the following general terms and conditions.

Scope of Services

The provisions of these general terms and conditions govern the entire legal relationship between the validly registered user (user) and Innovation City Cape Town and are applicable to all services provided to the user or offered on the Innovation City Cape Town Websites (Innovation City Cape Town Service(s) or service(s)) and also to all of the user’s actions, contents, or other material relating to the Innovation City Cape Town Websites. The user enters into this agreement on the use of services with Innovation City Cape Town (Pty) Ltd trading as Innovation City Cape Town, Registration number 2021/97499/07, Darter Studio, Longkloof, Darters Road, Gardens, Cape Town, South Africa.

Services

Innovation City Cape Town is an invitation-only community of digital start-ups, scale-ups, corporates, entrepreneurs, world changers and innovators. It is a world-class network that helps accelerate digital innovation in Cape Town through fostering co-creation.   

Innovation City Cape Town does not take part in any communication between users and is not responsible for or party to any agreements that users make outside of the scope of the service. The principles set forth in this Section shall also apply to any agreements between users and third-party service providers providing supplemental services embedded in or linked to the Innovation City Cape Town Websites. Such third-party service providers are acting independently from Innovation City Cape Town, and Innovation City Cape Town does not accept any liability for third parties’ acts or omissions.

Innovation City Cape Town reserves the right to modify the services or to offer services different from those offered at the time of the user’s registration at any time provided such modifications are based on good reason and not unreasonable for the user. Innovation City Cape Town shall give due notice of any amendments of services to the user via the user’s email address. 

The user understands that it is technically impossible to offer or guarantee a 100% availability of the Innovation City Cape Town Websites. Innovation City Cape Town will make reasonable efforts to keep the Innovation City Cape Town Websites available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond Innovation City Cape Town’s reasonable control (e.g. disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services.

Innovation City Cape Town reserves the right to substitute third party service providers as it deems appropriate in order to guarantee the best possible service to its Clients. 

Registration

To sign up for Membership, users must apply by completing the registration procedure set forth by Innovation City Cape Town. By completing the registration procedure, the user consents to enter into this agreement to use the services. Innovation City Cape Town accepts this offer by activating the user’s membership and personal account.

The user guarantees that the information submitted to Innovation City Cape Town for registration is complete and truthful. The user shall not use pseudonyms or nicknames, however, Innovation City Cape Town may allow exemptions at its sole discretion. The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that Innovation City Cape Town can establish contact at all times with the user via the contact details provided by the user in the user’s profile on the Innovation City Cape Town Website. However, Innovation City Cape Town will preferably make any communication with the user via the user’s personal Membership Section on the Innovation City Cape Town Website.

Innovation City Cape Town reserves the right to refuse membership of any user for any or no reason. A user has no right to membership.

In the event that the service is no longer needed, users are not permitted to transfer the service to another user.  During registration, the user must determine a password which they will use to identify themselves to access the Website(s), the services, and the user’s personal account. The user is responsible for keeping the password secret and preventing other persons from accessing the user’s account via this password. The user agrees to notify Innovation City Cape Town immediately of any unauthorized use of the user’s password or account or any other breach of security through the contact form available on each Innovation City Cape Town Website under Contact. The user promises to immediately inform Innovation City Cape Town if there is any indication that the password is being used by third parties. Innovation City Cape Town will not be liable for any loss or damage arising from the user’s failure to properly comply with this section.

As far as the user is in breach of these provisions, Innovation City Cape Town shall be entitled to terminate this agreement for good cause with immediate effect, to block the user’s account and/or to prevent further use of the services and the website(s) by the user. Any other rights of Innovation City Cape Town shall remain unaffected.

Prices and Payment

The prices for the various membership packages and services are shared by application only to Innovation City Cape Town. The total amount shall be due immediately upon invoicing and can be affected by any of the debiting procedures made available by Innovation City Cape Town. The user is aware of the fact and agrees that in case of online debiting procedures (i.e. payment via credit card) any data (e.g. name, credit card number, expiry date, bank details, etc.) which is necessary for the due processing of such payment will be transferred to third parties involved in the execution of the debiting procedure (e.g. operator of payment module, credit card acquirer, and the bank issuing the credit/debit card).

The user shall at all times provide sufficient funds to allow for collection of any fees in the course of the debiting procedures designated by the user. Any costs (such as bank charges etc.) triggered by the failure to do so shall be borne by the user.

Innovation City Cape Town reserves the right to amend the prices for future provisions of the services. Any price amendments shall become effective immediately. 

The user accepts that he will receive all invoices as PDF files via his or her personal email.

User’s Obligations

The user shall only provide true and accurate personal, social, and professional information.

Granting Rights to Use

The user grants Innovation City Cape Town all rights necessary to fulfill the purpose of this agreement. Including the sharing of personal information with third parties in order to provide the service as contemplated in the agreement between the Parties.

Terms of Termination, Reimbursement of Advance Payments

This agreement shall remain valid and binding as long as the user uses their membership or agreed service. If the parties have agreed on a minimum membership period, the term shall continue to run unless terminated in accordance with the provisions of this clause.  

Any termination requires that the user sends a notice of termination by sending a respective email to Innovation City Cape Town. The termination notice shall include the user’s registered name and an email address of the user registered on the Innovation City Cape Town Website.

Refunds

Once the Client has agreed to use Innovation City Cape Town’s services and or memberships and Innovation City Cape Town has commenced with the selected service or membership no refund will be given. Refunds by Third Parties will be subject to their respective terms and conditions.

Privacy

Innovation City Cape Town acknowledges that any personal data provided by the user to Innovation City Cape Town is extremely important to the user. Innovation City Cape Town shall comply with all applicable legal provisions regarding data protection.  In particular, Innovation City Cape Town shall not provide or otherwise disclose any personal data of the user to any third party without consent, unless Innovation City Cape Town is required by statutory applicable law to reveal the data to third parties.  Details on Innovation City Cape Town’ handling and processing of the user’s personal data are set forth in the Privacy Policy of Innovation City Cape Town.

Innovation City Cape Town’s Indemnity

The proposed services are provided  on the EXPRESS CONDITION that Innovation City Cape Town, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur (except if such Losses arise directly or indirectly from the gross negligence or wilful misconduct of Innovation City Cape Town or any person acting for or controlled by Innovation City Cape Town, in which case such claim shall be lodged in writing with Innovation City Cape Town within 30 (thirty) days after the occurrence of the alleged Loss, and such liability shall be limited to the value of service provided by Innovation City Cape Town). The CLIENT INDEMNIFIES AND HOLDS HARMLESS Innovation City Cape Town or any person acting for or controlled by Innovation City Cape Town accordingly.

Methods of Communication with the User

Unless otherwise stated in these general terms and conditions, the user shall submit all notices to Innovation City Cape Town and shall communicate with Innovation City Cape Town through the contact form available on each Innovation City Cape Town Website under Contact. Unless otherwise stated in these general terms and conditions, Innovation City Cape Town will send all notices and other communications to the user by placing a notice via the user’s personal Membership Section on the Innovation City Cape Town Website or via email.  

Law & Jurisdiction

These Conditions shall be governed by the law of  the Republic of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and Innovation City Cape Town. Innovation City Cape Town SHALL BE ENTITLED to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.

Special Requests

Clients who have special requests must specify such requests in writing to Innovation City Cape Town at least 48 hours prior to their arrival or requirement of the service. Whilst Innovation City Cape Town will use its best endeavours to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.

Amendments of these Conditions

Innovation City Cape Town reserves the right to make changes to these terms and conditions without further notice to the Client.  

Legal Fees

In the event that Innovation City Cape Town has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Innovation City Cape Town is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.

Confidentiality

Subject to statutory constraints or compliance with an order of court, Innovation City Cape Town undertakes to deal with all Client information of a personal nature on a strictly confidential basis.

Social Media

You agree that your use of our social media pages which include but are not limited to Facebook pages, Instagram, Linkedin or Twitter, will not be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy, or otherwise contain objectionable comments and/or content. We do not tolerate any form of discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation, being a transsexual person, or age.

We reserve the right to remove any comment, thread or content without prior warning to you. We also reserve the right to bring legal proceedings against any individual for a breach of these rules or law generally, or take such other action as we reasonably deem appropriate.

Feedback

We value your feedback. If you have a compliment, complaint or wish to share your experience with us, please contact customer care at: [email protected] 

Intellectual Property

The Sites are owned by Innovation City Cape Town and the domain names are registered in the name of Innovation City Cape Town. All intellectual property rights in and to the aforementioned vests in Innovation City Cape Town. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of Innovation City Cape Town.

Copyright and Trademark Notices

All contents of the Sites are registered to: Innovation City Cape Town  (Pty) Ltd trading as Innovation City Cape Town, Registration number 2021/97499/07, Darter Studio, Longkloof, Darters Road, Gardens, Cape Town, South Africa.

All rights in and to any copyright or registered or unregistered trademarks of Innovation City Cape Town remain strictly reserved. Other product and/or company names mentioned in the Conditions and/or the Online Conditions may be the trademarks of their respective owners.

Changes & Modifications of these Terms and Conditions

Innovation City Cape Town may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with Innovation City Cape Town will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be. The CLIENT AGREES TO ACCEPT AND BE BOUND BY the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.

Access and Use

The Sites are offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the Online Terms. By clicking “continue” on the Client  information page, prior to any conclusion of any transaction on the Sites, the Client agrees to all the Online Conditions and notices.

Access to and use of the Sites are ENTIRELY AT THE CLIENT’S RISK. Innovation City Cape Town may discontinue or suspend the Sites at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination.

Personal and noncommercial Use Limitation

The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites, as well as the infrastructure used to provide such content and information, is proprietary to Innovation City Cape Town or the Principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Sites or its contents or information for any purpose (direct or indirect) other than conducting Enquiries for personal, non-commercial use, such as (for example) for reselling purposes. The CLIENT AGREES not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Sites. In addition, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:

• access, monitor or copy any content or information of the Sites using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Innovation City Cape Town;
• violate the restrictions in any robot exclusion headers on the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;
• take any action that imposes, or may impose, in the discretion of Innovation City Cape Town, an unreasonable or disproportionately large load on the Service Agent’s infrastructure; or
• deep-link to any portion of the Sites (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Innovation City Cape Town.

Liability Disclaimer

The information, software, products, and services published on the Sites may include inaccuracies or typographical errors. Innovation City Cape Town DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions. Changes are periodically added to the information herein.

Innovation City Cape Town may make improvements and/or changes on the Sites at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’. Innovation City Cape Town makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Sites for any purpose, and the inclusion or offering for sale of any products or services on the Sites DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Innovation City Cape Town. For the avoidance of doubt, the services rendered by Innovation City Cape Town do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.

Innovation City Cape Town hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Principals are independent contractors and not agents or employees of Innovation City Cape Town or its affiliates. Affiliates include websites which click-through to the Website. Innovation City Cape Town is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. Innovation City Cape Town and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and it has NO RESPONSIBILITY for any additional expense, omissions, or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.

In no event shall Innovation City Cape Town and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Sites or with the delay or inability to use the Sites, or for any information, software, products, and services obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, strict liability, or otherwise, even if Innovation City Cape Town and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

The Client AGREES TO DEFEND AND INDEMNIFY Innovation City Cape Town and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:

the Client or on the Client’s behalf [in excess of the liability described above]; or

by third parties as a result of

• the Client’s breach of the Online Conditions and notices or any other documents referenced herein;
• the Client’s violation of any law or the rights of a third party; or
• the Client’s use of the Sites.
• No unlawful or prohibited Use

The Client WARRANTS UNCONDITIONALLY that the Client will not use the Sites for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.

Links to other Websites

There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Innovation City Cape Town and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Innovation City Cape Town’s inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators. Innovation City Cape Town has not tested and MAKES NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such sites. The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it. The CLIENT INDEMNIFIES Innovation City Cape Town against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.

Applicable Law

Please note that the use of this Website and the Mobisite is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.

General

Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.

THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and Innovation City Cape Town as a result of this agreement or use of the Sites.

Innovation City Cape Town’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Innovation City Cape Town’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Sites or information provided to or gathered by Innovation City Cape Town with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Innovation City Cape Town with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Innovation City Cape Town with respect to the Sites.

Any rights not expressly granted to Innovation City Cape Town herein remain reserved.

Should any person elect to publish any review pertaining to Innovation City Cape Town, any of its affiliated companies,  you agree to give your express consent to allow Innovation City Cape Town to publish the review on any of their platforms or in any communications sent out by the Company. Innovation City Cape Town undertakes to never publish any names of the reviewers without their consent.

Communication from Sites

By agreeing to use any of Innovation City Cape Town′ services, the client agrees to receive transactional and promotional communications from the site. The client may opt out of promotional communications at any time, however transactional communication with regards to any service will continue to be sent.

Entire Contract

All the terms and conditions displayed on the Sites constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the CLIENT ACKNOWLEDGES that he/she has not relied on any matter or thing stated on behalf of Innovation City Cape Town or otherwise that is not included herein.