Terms & Conditions

Website Terms

These are the website terms (terms) for Octastar Pty Ltd (ACN 672 515 070)and its related and affiliated entities part of the Fiveight group of companies including Fiveight Cape Operations Pty Ltd (ACN 654 582 091) trading as Cape Lodge (referred to herein as weus or our).

By using this website, you agree to these terms. If you do not agree to these terms, you should not use this website.

We may change these terms from time to time. If you continue to access this website following such a change, then you will be deemed to have agreed to the changed terms.

Use of this website

Prohibited conduct

In accessing and using this website you must not engage or attempt to engage in any activities that:

  • download (other than page caching) or modify this website or any portion of this website;
  • impersonate or falsely claim to represent a person or organisation;
  • are commercial, including selling, marketing, advertising or promoting goods or services;
  • frame this website without our express written permission;
  • post, link to, communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content, or otherwise use this website in a manner which is unlawful or would infringe the rights of another person (including any intellectual property rights);
  • provide access or links to any content (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
  • bypass (or attempt to bypass) any security measures that we use in relation to this website;
  • delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any content on this website; or
  • post or transmit or permit the posting or transmission of any content which contains a computer virus or other harmful data, code or material.

Saving, printing or sharing content

You may save a local copy or print a copy of any of the content on this website for your own personal, non-commercial use, provided you do not remove any copyright notices. For clarity, you must not use the content for any non-personal or commercial use, including the sharing of the content with others (whether via another website or otherwise) or charging any third parties to use or access the content.

Linking to this website

You are welcome to link to this website, provided that in doing so:

  • you do not use any of our trade marks without our permission or use any other trade mark which appears on this website without the permission of the owner of that trade mark; and
  • you do not link to this website from a website or in a manner which disparages or may disparage our reputation, or the reputation of our commercial partners, customers, suppliers or advertisers.

Other uses

Please contact us if you would like to use content from this website in a manner other than as set out above, as we will need to consider your proposed use and decide whether to provide our written permission to you.

Third party content, products and services

Some of the content on this website may have been obtained from third parties who have licensed us to use that content. The inclusion of such content on this website is not an endorsement of any organisation, product, service or advice.

This website may include links to third party websites (including Facebook, Twitter and other social media platforms). These websites are not covered by these terms and may have their own terms and conditions and privacy policy (third party terms). If you choose to access these websites, you do so at your own risk and subject to the applicable third party terms. We have not reviewed all of these websites and are not responsible for (and will not be liable in respect of) their content or accuracy or how they treat your personal information. Our linking to these websites is not an endorsement of the website or of any organisation, product, service or advice.

Intellectual property

This website contains copyright, trade marks and other forms of intellectual property (intellectual property)owned or licensed by us. All rights in relation to such intellectual property are reserved. Except where we otherwise agree in writing, you must not use such intellectual property, including by copying, framing, modifying, transmitting or distributing the intellectual property.

Privacy

Please refer to our privacy policy for information on how we collect, use, store and manage personal information, and your rights in relation to such personal information, available on this website. By using this website, you acknowledge our privacy policy (as amended from time to time).

Cookies and analytics

What we know about you from visiting this website

When you visit this website, our web server automatically records some general information about your visit. This information includes your server address, the date and time of the access, the pages accessed and documents downloaded, the previous website visited, and the type of browser used. We may use this information, or make the information available to third parties, for the purpose of analysing website traffic and improving our website and general business.

This website uses cookies, which are widely used to make websites work and to improve their functionality. Disabling cookies should not affect your overall website experience. We do not collect or store personal information in any cookies originating from this website. However, Facebook and Google provide third party analytical services to us in respect of this website. A summary of how we use third party services and links is set out below, together with information provided by those third parties as to their services and options to opt out.

Google tools

This website uses:

  • Google Analytics: a service which transmits website traffic data to Google servers in the United States. We use reports provided by Google Analytics to help us understand website traffic and webpage usage; and
  • Google remarketing technology: a service which allows Google to display relevant content based on the pages on this website you have viewed. The content will be displayed using cookies. These cookies do not record any personal information or identify you personally.

By using this website, you consent to Google processing data about you for the purposes set out and in the manner described in Google’s data protection policy (which can be accessed here: https://www.google.com/intl/en/policies/privacy/). To opt out of Google Analytics you should disable or refuse the cookie, disable JavaScript, or use the opt out service provided by Google here: https://tools.google.com/dlpage/gaoptout.

Facebook tools

We may use Facebook Advertising, Facebook Pixel Re-Marketing and other Facebook tools. These tools allow us to understand and deliver content and make it more relevant to you. The collected data remains anonymous and we cannot see the personal data of any individual user.

However, the collected data is saved and processed by Facebook. Facebook may be able to connect the data with your Facebook account and use the data for their own advertising purposes, as set out in Facebook’s Data Use Policy (which can be accessed here: https://www.facebook.com/about/privacy/).To opt-out of Facebook’s use of cookies and Facebook Pixel Re-Marketing, you should use the settings on your Facebook account.

Other social media

We also use interfaces with social media websites, including Facebook, LinkedIn and Twitter. If you choose to “like” or “share” information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media website, the interfaces may allow the social media website to connect your visits to this website with other personal information.

Disclaimers and exclusions

General exclusions

The content on this website is made available for general information purposes only and does not constitute professional advice or recommendations. Any use of (or reliance on) such content is at your own risk. You should not use such content as a substitute for consulting with qualified professionals as to your particular circumstances and needs.

We do not warrant the accuracy, adequacy, reliability or completeness of the content on this website and expressly disclaim liability for defects, errors or omissions in such content.

To the fullest extent permitted by law, we disclaim all representations, warranties, conditions and guarantees (whether express or implied) in relation to this website and its content, including under legislation, common law, equity, trade, custom or usage. We do not offer any warranties or make any representations in relation to any third party goods or services described or referred to on this website.

Access and communication

We do not warrant that you will have continuous access to this website and will not be liable if this website is unavailable to you for any reason. We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across this website and accept no responsibility for any loss or damage associated with them, whether due to congestion, technical malfunction, viruses or otherwise. While we take reasonable precautions to protect information transmitted via this website, we cannot and do not guarantee the security or confidentiality of these communications or the security of this website.

International use

If you choose to access this website from any location outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access this website from any location where doing so would be illegal.

Exclusion and limitation of liability

General exclusion

To the fullest extent permitted by law, we exclude all liability for losses, damages and claims arising out of or in connection with this website (including any use of or reliance on the content on this website), these terms or any supply of goods or services pursuant to these terms, including liability in respect of any breach of contract, tort (including negligence) or any other common law, statutory or other action.

Consequential loss

To the fullest extent permitted by law, we exclude all liability to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with this website (including any of the content on this website), any links to or from this website or the goods and/or services advertised, referred to on or supplied pursuant to this website.

Termination of your access to this website

We may at any time immediately terminate your access (including restricting access) to this website or any feature of this website for any reason (including due to your breach or alleged breach of these terms) in our sole discretion and without prior notice.

General terms

These terms are governed by and must be construed in accordance with the laws of the State of Western Australia, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.

Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.

Questions, feedback and complaints

If you have any questions, feedback or complaints in relation to this website, then please contact us. We welcome your feedback and will endeavour to respond to you (where a response is required) in a prompt manner.

Email: info@fiveight.com

These Terms and Conditions were last updated in April 2024.

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