Agreement between you and First Resorts
This Web site is offered to you by FIRST RESORTS MANAGEMENT PTY LTD ("FIRST RESORTS", "we", "us", or "our"). Your use of this Web site and/or your acceptance without modification of the terms, conditions and notices published on this Web site (the "Terms") constitutes your agreement to all such Terms. If you do not agree with these Terms, then you are not authorised to use this Web site. By clicking the "I have read and agree to the Terms and Conditions" tick box, completing the registration process and then clicking the "Register" button on, or where you have previously registered by logging into this Web site, you are stating that you are a current Member of FIRST RESORTS, and that you agree to be bound by all of the Terms.
These Terms apply both to your use of, and to all Internet traffic visiting, this Web site. FIRST RESORTS reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations or updates shall be effective immediately upon posting. By using this Web site after FIRST RESORTS has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms.
This Web site will permit you to link to many other web sites that may or may not be affiliated with this Web site and/or with FIRST RESORTS and that may have terms, conditions and notices of use that differ from, or contain terms, conditions and notices in addition to, the Terms specified on this Web site. Your access to such web sites through links provided on this Web site is governed by the terms, conditions, notices and policies of use of those web sites, not this Web site.
FIRST RESORTS does not guarantee the transmission or processing of any information or on-line activity or transaction submitted to this Web site. The transmission of any information does not mean the on-line activity or transaction has been accepted or rejected, but merely indicates that a transmission has been initiated. All on-line activities and transactions are subject to written confirmation. Furthermore, the level of service available on and from this Web site may vary, and this Web site may be inaccessible or "down" for periods of time. FIRST RESORTS reserves the right to suspend or discontinue this Web site, in whole or in part, for business or technical reasons. However, the use of FIRST RESORTS's membership services may be accessed through traditional means, such as via telephone or through regular post.
Trademarks, Copyrights and Restrictions
This Web site is owned, controlled and operated by FIRST RESORTS MANAGEMENT PTY LTD, a South African company operating from 1 Crompton Street, Pinetown, South Africa. Copyright © 2013/14. All rights reserved.
All content on this Web site, including, but not limited to text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by US and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by FIRST RESORTS, or its affiliated or related entities, associates or partners; or by any third party content Providers, merchants, sponsors and licensors (collectively, "Providers") that have licensed their content or the right to market their products and/or services to FIRST RESORTS. Content on this Web site or any web site owned, operated, controlled or licensed by FIRST RESORTS's associates or partners, or Providers is solely for your personal, non-commercial use. You may print a copy of the content, but you may not copy, reproduce, republish, upload, post, transmit, distribute and/or exploit the content or information in any way (including by e-mail or other electronic means), or any software involved in utilising such content or information, for commercial use without the prior written consent of FIRST RESORTS, its affiliated or related entities, associates or partners, or Providers.
Without the prior written consent of FIRST RESORTS, its affiliated or related entities, associates or partners, or Providers, your modification of the content, use of the content on any other Web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of owners of FIRST RESORTS's, its affiliated or related entities', associates' or partners', or Providers' copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web site, you warrant to FIRST RESORTS that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening or libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
Given the unique nature of the Internet and the need to secure FIRST RESORTS systems and proprietary technology, FIRST RESORTS reserves the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this Web site for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this Web site or who violate these Terms. If you violate any of these Terms, your permission to use this Web site immediately terminates without the necessity of any notice.
You may not use on your Web site any trademarks, service marks or copyrighted materials appearing on this Web site, including but not limited to any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into your own, or another, Web site any of the content or other materials on this Web site without the prior written consent of FIRST RESORTS.
Disclaimer of Warranties and Liability
All content on this Web site is provided "as is" and "as found" and without warranties of any kind, either express or implied. Other than those warranties, which under South African laws applicable to these terms, are implied by law and are incapable of exclusion, restriction or modification, FIRST RESORTS, it's affiliated or related entities, associates, or partners, and Providers disclaim any and all warranties, express or implied, including but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and infringement.
Neither FIRST RESORTS, its affiliated or related entities, associates or partners, nor Providers, nor any person involved in the creation, production and distribution of this Web site, warrants that the functions contained in this Web site will be uninterrupted or error-free, the defects will be corrected or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this Web site is solely for your convenience, information and transactional capability only.
FIRST RESORTS does not warrant or make any representations regarding the results that may be obtained from the use of this Web site, or as to the reliability, accuracy or currency of any content information, service and/or merchandise acquired pursuant to your use of this Web site. We attempt to ensure that the content that you access on this Web site at any one time is accurate. However, the content may include inaccuracies, typographical errors and omissions. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. Changes are periodically made to the content that you access on this Web site with additions, deletions and amendments occurring thereto and improvements and/or changes may be made to the functionality, design or layout of this Web site.
You expressly agree that the use if this Web site is at your sole risk. You (and not FIRST RESORTS) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither FIRST RESORTS, its affiliated or related entities, associates or partners, nor Providers, nor any of their respective employees or agents, nor any person or entity involved in the creation, production and distribution of this Web site is responsible or liable to any person or entity whatsoever for any loss, damage (whether indirect, punitive, incidental, special or consequential), liability or other cause of any kind or character whatsoever based upon contract, tort, strict liability of otherwise arising out of or resulting from the use or attempted use of this Web site or any other linked site, except in relation to liability, loss and damage for death or personal injury for which no limit applies.
By way of example and without limiting the generality of the foregoing, FIRST RESORTS, its affiliated or related entities, associates or partners, and Providers shall not be liable for any claim, loss or damage arising out of or resulting from failure or performance of this Web site, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or other materials appearing on this Web site. You expressly acknowledge and agree that FIRST RESORTS is not liable for any defamatory, offensive or illegal conduct of other subscribers or third parties.
FIRST RESORTS, its affiliated or related entities, associates or partners, and Providers shall be liable for direct loss arising out of or resulting from the use of this Web site, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events.
This liability section applies only and to the greatest extent permitted by law.
This does not affect your statutory rights as a consumer.
You agree to indemnify, defend and hold harmless FIRST RESORTS, its associates or partners, and Providers, and its and their officers, directors, employees, affiliated or related entities, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms.
Third party rights
These Terms are for the benefit of FIRST RESORTS, its associates or partners, and Providers, and its and their officers, directors, employees, affiliated or related entities, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
This Web site may contain links to other Web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under the control of FIRST RESORTS, and FIRST RESORTS is not responsible for, and does not endorse, such content, whether or not FIRST RESORTS is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web site or provide any links that state or imply any sponsorship or endorsement of your own, or any other, Web site by FIRST RESORTS, or its affiliated or related entities, associates or partners, or Providers.
Law and Jurisdiction
This Agreement (and any disputes, claims or proceedings of whatsoever nature arising out of or in any way relating to the use of this Web site is governed by and shall be construed in accordance with the laws of South Africa. You hereby consent to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of this Web site. Those who choose to access this Web site from outside South Africa are responsible for compliance with local laws, if, and to the extent that, local laws are applicable. You may not use or export materials or content contained on this Web site in violation of South African export laws and regulations. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FIRST RESORTS as a result of this Agreement or use of this Web site.
The provisions of these Terms, and each obligation referenced herein, represent the entire Agreement between FIRST RESORTS, its affiliated or related entities, associates or partners, and Providers on the one hand and you on the other, and supersede any prior proposals, agreements or understandings (whether oral or written) not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms, conditions and notices of use or understanding, the last published Terms or terms, conditions and notices shall prevail. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FIRST RESORTS.