Terms and conditions - The Cliffside | Northcliff Ridge, Gauteng

TERMS AND CONDITIONS OF THE CLIFFSIDE

1. INTERPRETATION AND PRELIMINARY

1.1. The headings to the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof. Unless a contrary intention clearly appears:

1.1.1. words importing:

1.1.1.1. any one gender includes the other gender;
1.1.1.2. the singular includes the plural and vice versa; and
1.1.1.3. natural persons include juristic persons and vice versa;

1.1.2. if any provision in a definition is a substantive provision conferring rights or imposing obligations on either Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement;

1.1.3. when any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a Business Day, in which case the last day shall be the next succeeding day which is a Business Day;

1.1.4. references to an “agreement” or “document” shall be construed as a reference to such agreement or document as the same may have been amended, varied, supplemented or novated in writing at the relevant time in accordance with the requirements of such agreement or document and, if applicable, of this Agreement with respect to amendments;

1.1.5. expressions defined in this Agreement shall bear the same meanings in the Annexure to this Agreement which do not themselves contain their own conflicting definitions;

1.1.6. the use of any expression in this Agreement covering a process available under South African law such as a winding up shall, if any of the Parties is subject to the law of any other jurisdiction, be construed as including any equivalent or analogous proceedings under the law of such defined jurisdiction;

1.1.7. if any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause;

1.1.8. the expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;

1.1.9. the rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract, shall not apply;

1.1.10. references to “clause” and “annexure” are references to the clauses of and the annexure to this Agreement;

1.1.11. the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed, nor shall they take effect, as limiting the generality of any preceding word/s; and

1.1.12. the words “other” and “otherwise” shall not be construed with any preceding words where a wider construction is possible.

2. DEFINITIONS

2.1. The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely:

2.1.1. “Accommodation” shall mean the accommodation provided by The Cliffside to the Guest;

2.1.2. “Agreement” shall mean this agreement containing the terms and conditions of use of the Accommodation, Premises and Facilities;

2.1.3. “CPA” shall mean the Consumer Protection Act 68 of 2008, as amended;

2.1.4. “Facilities” means any and all facilities offered by The Cliffside including but not limited to the swimming pool, sauna, viewing decks, foot paths and hiking trails, and any other facilities or amenities which The Cliffside may offer from time to time;

2.1.5. “Guest” means any person making use of the Accommodation, Facilities or Premises for any reason whatsoever, and shall also include reference to any individual forming part of the Guest’s party (being any person who the Guest has secured Accommodation for or on behalf of), and who the Guest warrants he or she is authorised to accept the terms and conditions of this Agreement on behalf of, alternatively accepts all such responsibility on behalf of;

2.1.6. “Parties” means The Cliffside and the Guest collectively and the term “Party” shall refer to either one of them, as may be appropriate in the context;

2.1.7. “Premises” means the property on which The Cliffside is situated, including all private and common or communal areas, and all Facilities present on the property from which The Cliffside operates;

2.1.8. “Representatives” means any of The Cliffside’s directors, shareholders, employees, agents, contractors or other authorised representatives;

2.1.9. “Signature Date” means the date upon which The Cliffside accepts the Guest’s offer to rent Accommodation;

2.1.10. “VAT” means value-added tax as may be levied in terms of the VAT Act, as amended from time to time; and

2.1.11. “VAT Act” means the Value-Added Tax Act, No. 89 of 1991.

3. ACCOMMODATION

3.1. The Guest hereby offers to rent Accommodation offered by The Cliffside on the terms and conditions contained herein.

3.2. The Guest hereby accepts the price quoted for the Accommodation which the Guest wishes to hire, as well as the terms and conditions of this Agreement, and undertakes to pay all amounts incurred whilst staying on the Premises immediately upon demand but in any event no later than the time of departure from the Premises.

3.3. All Guests will be required to present a valid form of photograph identification, whether a valid identity book, identity card or passport, a valid credit and/or cheque card, as well as proof that the Guest has the requisite funds available to cover the duration of their stay at The Cliffside if the full fee has not been paid in full in advance.

3.3.1. All Guests will be required to present a valid form of photograph identification, whether a valid identity book, identity card or passport, for the purposes of confirming identity and in compliance with applicable South African immigration law, copies of same will be required for each guest.

3.3.2. A valid credit and/or cheque card, as well as proof that the Guest has the requisite funds available to cover the duration of their stay at The Cliffside if the full fee has not been paid in full in advance.

3.4. If the reservation has been made electronically, any outstanding amount for the full accommodation will be processed by The Cliffside at the time the Guest checks into The Cliffside and the provision of identification, passport and/or credit card information as part of the online booking process is required for the purposes of securing a reservation only.

3.5. Notwithstanding anything contained in this Agreement, and irrespective of any representations made by The Cliffside or its Representatives, nothing herein shall be deemed to create or constitute any right of tenancy in favour of the Guest and The Cliffside retains the right to terminate this Agreement and refuse the Guest admission to the Premises at any time, which the Guest accepts.

4. PAYMENT FOR ACCOMMODATION

4.1. The Guest shall be liable for the full costs of any Accommodation which it has hired, which costs shall be payable in advance of the Guest’s stay at The Cliffside.

4.2. To the extent that the full amount for the Guest’s stay is not paid in advance, the Guest shall be liable to pay the full outstanding balance prior to leaving The Cliffside’s Premises.

4.3. The Cliffside reserves the right to charge the Guest’s credit or cheque card for the full outstanding balance should the Guest leave The Cliffside’s premises without payment having been made in full.

4.4. Any additional costs incurred by the Guest whilst staying with The Cliffside, including but not limited the costs of any damage caused by the Guest to The Cliffside’s property, shall be added to the Guest’s account and payable on demand, but shall in all events be charged to the Guest’s credit or cheque card at the time the Guest departs The Cliffside.

5. USE OF PREMISES

5.1. The Guest acknowledges and agrees that use of the Premises, including all Facilities available on the Premises, are entirely at their own risk.

5.2. While general guidelines are provided by The Cliffside where certain Facilities are available, all Guests are responsible for determining their own levels of physical fitness and state of health and must ensure that they understand the use and purpose of any Facilities which they intend utilising, and the risks associated with such Facilities.

5.3. The Guest acknowledges that certain activities which may be undertaken on the Premises involve walking through areas where there is a risk of falling or related injuries. By undertaking such activities, the Guest understands and accepts these inherent risks and indemnifies The Cliffside against any injury or death which may occur.

5.4. Neither The Cliffside, nor any of its Representatives, shall be liable for any injury or loss which any Guest may suffer as a result of the use of any of The Cliffside’s facilities and the Guest hereby expressly waives and forgoes any rights for any claim which their successor, heirs, assigns or estate may have against The Cliffside arising from any loss or damage suffered whilst on The Cliffside’s Premises or utilising any of the Facilities.

5.5. The Guest also agrees and accepts that certain activities take place outside of the Premises. Such activities are clearly identified. While The Cliffside will take reasonable precautions to ensure the safety of all Guests, neither The Cliffside nor its Representatives take any responsibility for any loss, damage, harm or injury suffered by any Guest whilst undertaking activities outside of the Premises.

6. CANCELLATION CHARGES

6.1. Any request for changes or cancellations must be provided in writing by the Guest.

6.2. Unless otherwise specifically stated in the booking conditions at the time a reservation was made, any changes or cancellations made more between 14 days and 72 (seventy-two) hours before the day of the Guest’s booking will result in the Guest being liable for a cancellation fee of 50% (one hundred percent) of the total booking value.

6.3. Any changes or cancellations made less than 72 (seventy-two) hours before the day of the Guest’s booking will result in the Guest being liable for a cancellation fee of 100% (one hundred percent) of the total booking value.

6.4. The Guest warrants that the cancelation and postponement policy contained herein are fair and reasonable as contemplated in CPA, in that The Cliffside reserved rooms for the Guest and will be required to turn down other booking requests for the duration of the Guest’s stay and that the cancellation fees contemplated in this clause constitute legitimate pre-estimated, liquidated damages.

7. LIMITATION OF LIABILITY

7.1. The Cliffside shall not be held liable for interruptions of services (water, electricity, sanitary services) or any other force majeure event which falls outside of the reasonable control of The Cliffside.

7.2. While electronic safes are available to all Guests, The Cliffside is not responsible and / or liable for the storage or safety of any valuables, including but not limited to any jewellery, electronic or computer equipment, cameras, cell phones, equipment or personal items belonging to any Guest.

7.3. Guests will be entitled to access and use The Cliffside’s complementary WiFi internet services however, while The Cliffside will take all reasonable measures to secure its WiFi connections, the Guest hereby acknowledges and accepts that The Cliffside does not warrant that any such connection is secure and the Guest accepts that use of any such internet connectivity services is entirely at its own risk.

7.4. Neither The Cliffside nor any Representative shall be liable, under any circumstances whatsoever, for loss or damage of any nature suffered by the Client. That includes loss of profits, loss of business or for any direct or indirect, special or consequential or incidental damages of any kind whether under this agreement or otherwise even if The Cliffside has been informed of the possibility of damages, which the Guest may suffer, whether as a result of any breach by The Cliffside or any of the its Representatives of any obligations to the Guest, and whether caused directly or indirectly or through the negligence of The Cliffside or its Representatives.

7.5. Whilst every reasonable precaution will be taken to ensure the safeguarding of the Guest and their belongings, The Cliffside will not be liable for loss or damage to any property whatsoever.

7.6. The Cliffside and its Representatives shall not be held liable for any personal injury sustained, harm caused in whatever manner, or death caused due to personal injuries sustained, harm caused or whatever other cause resulting in death, whether the damage, injury, harm or death were occasioned by negligence, gross negligence, or otherwise on the part of The Cliffside and/or its Representatives. Minor children remain the responsibility of the parents/guardians and must at all times be accompanied by a responsible adult whilst using the various Facilities on the Premises.

7.7. The Cliffside reserves the right to cancel any booking forthwith and without liability on its part in the event of any damage to, or destruction of the Premises by fire, shortage of labour, strikes, industrial unrest, pandemic, electrical or water disconnections, or any other cause beyond the control of The Cliffside, which shall prevent it from performing its obligations. In these circumstances every effort will be made to arrange alternate dates for accommodation at The Cliffside for any affected Guest.

8. DAMAGE AND/OR THEFT OF THE CLIFFSIDE PROPERTY

8.1. The Guest shall be liable for any and all damage or destruction to the property of The Cliffside, whether intentional or negligent. Any damage or destruction, whether to any of The Cliffside’s movable property, or to the Premises itself, caused by the Guest shall be added to the Guest’s account and payable immediately upon demand by The Cliffside, in any event prior to the Guest’s departure from The Cliffside.

8.2. The Guest hereby irrevocably and unconditionally authorises The Cliffside to immediately debit the full costs of any damages caused by the Guest to the Guest’s credit or cheque card.

8.3. The Guest shall not be entitled to take any property belonging to The Cliffside off of the Premises without the express, prior written consent of The Cliffside.

9. MONITORING OF PREMISES AND USE OF PERSONAL INFORMATION

9.1. The Guest acknowledges and agrees that all personal information submitted to The Cliffside, whether through the use of The Cliffside’s website or when booking accommodation at The Cliffside is done voluntarily. The Guest hereby consents to the use of their supplied personal information for the purposes contemplated in this Agreement, subject to the provisions of the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”).

9.2. The Guest further acknowledges that most communal areas of the Premises are monitored by Closed-Circuit Television cameras at all times.

9.3. The Guest hereby expressly consents to the recording and storage of all such personal information, subject to the provisions of POPIA. The Cliffside undertakes to implement all reasonable measures required to store and protect such personal information, in accordance with the requirements of POPIA.

9.4. All personal information collected and/or recorded shall be retained by The Cliffside for a reasonable period not exceeding thirty days, save in circumstances where any personal information is required to be stored for a longer period as determined by The Cliffside and in accordance with its obligations under POPIA.

10. GUEST’S PARTY

10.1. For the avoidance of all doubt, every term and condition contained in this Agreement shall apply individually to every member of the Guest’s party, including but not limited to all persons for whom the Guest has secured and paid for Accommodation on behalf of, all persons attending at The Cliffside with the Guest, or any minor child for whom the Guest is responsible.

10.2. Nothing herein shall be deemed to limit The Cliffside’s ability to recover damages or rely on any indemnity or waiver in relation to any person present on the Premises by virtue of their not having expressly accepted the terms and conditions of this Agreement. The Guest hereby accepts all liability, jointly and severally, on behalf of any person forming part of the Guest’s party.

11. BREACH AND RELATED MATTERS

11.1. Should the Guest fail to pay any amount due by it in terms of this Agreement; or commit or allow the commission of any other breach of this Agreement, then and in any such event The Cliffside shall have the right, forthwith and without any further notice being required, to cancel the Agreement and to remove the Guest from the Premises, alternatively deny access to any Guest, but without prejudice to any claim for the amounts owing hereunder or for damages which it may have suffered by reason of the Guest’s breach of contract, cancelation or postponement, or any damage caused to the Premises or any Facilities by the Guest.

11.2. The Cliffside shall be entitled to recover all legal costs incurred by it, including all legal costs on an Attorney and Own Client scale, tracing fees and such collection commission as The Cliffside is obliged to pay to its attorneys, from the Guest.

11.3. Without prejudice to any of the other rights of The Cliffside, from due date to date of payment the Guest shall pay interest at the rate of 2% (two per cent) per month or part thereof, compounded monthly in arrears, while any payment is outstanding on all amounts due by the Guest to The Cliffside in terms of or arising out of this Agreement.

12. GOVERNING LAW AND JURISDICTION

13. The validity of this Agreement, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of South Africa. The Parties hereby consent to the adjudication of any dispute, to the degree that such dispute is not otherwise regulated in terms of this Agreement, by any South African court of competent jurisdiction; in accordance with, and in amplification of which, the Parties hereby specifically consent to the exclusive jurisdiction of such court.

14. NOTICES

14.1. The Parties choose as their domicilia citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the respective addresses as set out below:

14.2. Cliffside:

14.3. Email: info@thecliffside.co.za

14.4. Physical Address:
182 Frederick Drive
Northcliff
Johannesburg
2195

14.5. Guest: As provided by the Guest at the time any booking is made.

14.6. Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing but it shall be competent to give notice by email.

14.7. Any Party may by notice to the other Party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that Party to another physical address in the relevant jurisdiction or to a different email address, provided that the change shall only become effective on the 10th (tenth) business day from the receipt of the notice by the addressee.

14.7.1. Any notice to a Party:

14.7.1.1. delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
14.7.1.2. sent by email to its chosen email address shall be deemed to have been received on the date of despatch (unless the contrary is proved), provided that the sender has received a receipt indicating proper transmission.

14.8. Notwithstanding anything to the contrary herein contained a written notice or communication (including by email) actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

15. GENERAL

15.1. This document constitutes an offer and shall be of no legal force or effect unless or until it has been accepted by The Cliffside, whether by accepting such offer in writing or accepting payment from the Guest. Until such time as the offer has been accepted, any Party shall be entitled to withdraw and decline to enter into any agreement in relation to the subject matter of this Agreement.

15.2. All payments in accordance with the terms of or arising out of this Agreement shall be made free of bank exchange, commission and all other deductions to the Party entitled thereto. No Party shall have the right to defer, adjust or withhold any payment due to the other in accordance with the terms of or arising out of this Agreement or to obtain deferment of judgment for such amount or any execution of the judgment by reason of any set off or counterclaim.

15.3. This Agreement constitutes the whole agreement between the Parties as to the subject matter hereof and no agreement, representations or warranties between the Parties other than those set out herein are binding on the Parties.

15.4. No addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the Parties or their duly authorised representatives. The provisions of the Electronic Communications and Transactions Act 25 of 2002 are expressly excluded.

15.5. No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other in respect of the performance of any obligation hereunder or enforcement of any right arising from this Agreement, and no single or partial exercise of any right by any Party, shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

15.6. The Parties acknowledge that no representations have been made or warrantees given by either Party, their agents and/or employees, save for what is contained in this Agreement.

TERMS AND CONDITIONS OF THE CLIFFSIDE’S WEBSITE

1. GENERAL DISCLAIMER

1.1. Any person making use of the website, www.thecliffside.co.za, and/or www.thecliffside.com (the “Website”), shall not receive any warranty and The Cliffside makes no representations regarding any aspect of the Website including, but not limited to:

1.1.1. the operation of the Website;
1.1.2. the content of the Website;
1.1.3. the accuracy of information on the Website; or
1.1.4. the goods and services advertised or referred to on the Website.

1.2. Neither The Cliffside nor any representative of The Cliffside shall be liable for any damages, loss or liability of whatever nature arising from the use or inability to use the Website. Any use of the Website constitutes acceptance of this general disclaimer and the terms, conditions and policies described below.

1.3. The Cliffside offers its Website and the information contained therein to its stakeholders ranging from suppliers, guests and staff. All content on the Website offers information and insight into The Cliffside and does not constitute an invitation to transact business unless clearly stated as such.

1.4. The terms, conditions and policies pertaining to any services appearing on the Website shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on the Website will constitute the user’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.

1.5. While reasonable measures are taken to ensure the security and integrity of all information submitted to the Website, The Cliffside cannot under any circumstances be held liable for any loss or other damage sustained by a user as a result of the intentional or accidental access by a third party.

2. COLLECTION OF INFORMATION

2.1. Personal information

2.1.1. Personal information includes:

2.1.1.1. certain information that The Cliffside collects automatically when you visit our website;
2.1.1.2. certain information collected on registration (see below);
2.1.1.3. certain information collected on submission; and
2.1.1.4. optional information that you provide to The Cliffside voluntarily (see below);

but excludes:

2.1.1.5. information that has been made anonymous so that it does not identify a specific person;
2.1.1.6. permanently de-identified information that does not relate or cannot be traced back to you specifically;
2.1.1.7. non-personal statistical information collected and compiled by The Cliffside; and
2.1.1.8. information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

2.1.2. Sensitive personal information

2.1.2.1. Depending on the services that you require, The Cliffside may also collect sensitive personal information including your:
2.1.2.2. financial information – such as your bank account details;
2.1.2.3. biometric information- such as fingerprints, license plate details.

2.2. From Browsers

2.2.1. The Cliffside automatically receives and records Internet usage information on its server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.

2.3. Cookies

2.3.1. The Cliffside may place small text files called ‘cookies’ on your device when you visit its website. These files do not contain personal information, but they do contain a personal identifier allowing The Cliffside to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:

2.3.1.1. granting you access to age restricted content;
2.3.1.2. tailoring our website’s functionality to you personally by letting us remember your preferences;
2.3.1.3. improving how our website performs;
2.3.1.4. allowing third parties to provide services to our website; and
2.3.1.5. helping us deliver targeted advertising where appropriate in compliance with the applicable laws.

2.3.2. Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary.

2.4. Third Party Cookies

2.4.1.Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

2.5. Optional Details

2.5.1. You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional services, or otherwise use the optional features and functionality of our website.

2.6. Purpose of Collection

2.6.1. The Cliffside may use or process any services information, or optional information that you provide to it for the purposes that you indicated when you agreed to provide it to The Cliffside. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:

2.6.1.1. services purposes – such as requests for and providing our services;
2.6.1.2. marketing purposes – such as pursuing lawful related marketing activities;
2.6.1.3. business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
2.6.1.4. legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

2.6.2. We may use your usage information for the purposes described above and to:

2.6.2.1. remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
2.6.2.2. monitor website usage metrics such as total number of visitors and pages accessed; and
2.6.2.3. track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

2.7. Consent to Collection

2.7.1. The Cliffside will obtain your consent to collect personal information:

2.7.1.1. in accordance with applicable law;
2.7.1.2. when you provide The Cliffside with any registration information or optional information voluntarily.

3. USE

3.1. Our obligations

3.1.1.1. The Cliffside will only use such personal information in accordance with its Privacy Policy, available at POPI Policy.

4. WEBSITE USE

4.1. Commercial use of the Website is strictly prohibited unless prior written consent from The Cliffside is obtained.

4.2. Use of the Website is to be within the following restrictions:

4.2.1. the user may only use the Website to make legitimate reservations or purchases;
4.2.2. the user is responsible for maintaining the secrecy of his/her passwords and account information;
4.2.3. The Cliffside may, at any time and without advance notice or liability, terminate or restrict a user’s access to all or any component of the Website.
4.2.4. the user may not use the Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand, post or transmit any unlawful, threatening, defamatory, obscene, indecent, inflammatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
4.2.5. the user may not use information from the Website in any type of bulk communications, including but not limited to, spam, junk mail, or chain letters, or for any other purpose that is unlawful.

4.3. The Website is solely for personal and non-commercial use. Trademarks, copyright, licenses and any intellectual property made available on the Website are owned by The Cliffside. All content on the Website is the property of The Cliffside and as such prior written consent from The Cliffside must be obtained prior to any copying, distribution, reproduction, publication, transmission or use of any content in any other form.

4.4. The use of the Website for on-line bookings and transactions are done in accordance with the applicable reservation and cancellation policies found in the general terms and conditions of The Cliffside, which can be found at Terms and conditions.

4.5. Persons under the age of 18 or who have not been legally emancipated may use the Website only if the intent is to view and gather information. If the intent of such persons is to transact, communicate, link or use information contained in the Website then supervision of a parent or guardian is required. If the user represents that they are of a sufficient legal age or status when using the Website then he/she will be legally bound by any legal obligations and liabilities that may arise out of the use of the Website or its services being offered.