TERMS AND CONDITIONS OF USE FOR WEBSITE: WWW.DIGICOMMS.CO.ZA
1.1. The parties to this agreement are you (“the User”) and the owners of this website being DigiComms (Pty) Ltd. (“DigiComms”).
1.2. Your use of and access to this website will at all times be governed by the provisions of these terms and conditions and by using and/or accessing this website you accept fully all these terms and conditions and agree to bound by and comply fully therewith. You acknowledge that the terms and conditions contained herein shall constitute the sole terms of the agreement between you as the User and DigiComms.
1.4. If you do not wish to be bound by and comply with these terms and conditions in full, your access and use of this website must be terminated immediately.
1.5. We may change any of these terms and conditions at any time by updating this website.
1.6. If you have any questions about our legal terms, please contact us.
2. INTELLECTUAL PROPERTY
2.1. A User’s access to this website and the information contained on it, does not in any way convey or transfer any right in or to the intellectual property rights of any DigiComms data or information displayed or accessible from the website or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in DigiComms or in the author, compiler, creator or licensor of such information.
2.2. All DigiComms trademarks, logos, brands, domain names and other marks and intellectual property relating to this website, or any information contained or accessible from this website shall remain the sole and exclusive property of DigiComms and the relevant authors or licensors and the User undertakes that it will not use, disseminate, or otherwise deal with such intellectual property without the prior written approval of DigiComms, the relevant licensor or author.
2.3. Copyright and all other intellectual property rights subsisting in any data base/s maintained by DigiComms and relating to this website is owned by DigiComms or the relevant provider or supplier thereof.
2.4. A User may only use information retrieved, viewed, downloaded or otherwise obtained by viewing this website, for its own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties without the prior written approval of DigiComms.
2.5. The User undertakes not to change or delete any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from the DigiComms website.
2.6. Under no circumstances may a User reverse, engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the material, information or content viewed, downloaded or otherwise retrieved from this website without the prior written approval of DigiComms.
3. WEBSITE CONTENT
3.1. The content on this website includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs.
3.2. All information viewed or services used or accessed from this website are provided “as is” without any warranty, whether express or implied.
3.3. DigiComms does not warrant, hold out or represent that any services, benefits or facilities offered on this website to Users or a class of Users, will always be available, be accurate, reliable, or perform the functions it was intended to. Users are cautioned against relying on any service or facility provided on this website and should always independently verify any information or confirmation contained or generated form this website or any software associated therewith.
3.4. Users shall access any hypertext links to websites on the Internet which are operated by third parties with caution, DigiComms shall not under any circumstances take responsibility for the content and/or services or products offered on third party websites which may be linked to this website and gives no warranty, guarantee and makes no representation in respect of such linked websites.
3.5. The provisions of these terms and conditions do not apply to such third-party websites as these websites are not maintained and/or hosted by DigiComms or its service providers.
3.6. This website may contain advertisements, comprising, inter alia, any illustrative and/or textual material, including banners, pop-up windows, buttons, links and advertising sponsorships. Unless specifically otherwise indicated in writing, DigiComms does not endorse any product whose services are advertised or promoted by such advertisement nor does DigiComms make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purpose of any material, information or data contained in or linked to any advertisement on this website.
4. PRIVACY AND USER SECURITY
4.2. The User undertakes to abide by all DigiComms’ policies which may be amended from time to time at DigiComms’ discretion. The User warrants and undertakes that all information, documentation, data, and material provided or transmitted to DigiComms will be accurate, truthful, and current and the User is solely responsible for the content of such information, documentation, data and material.
4.3. If any User is under the age of 18 (“Minor”), he or she will be required to obtain the written consent and assistance of his or her parent or legal guardian to enter into these terms and conditions to ensure compliance with all applicable legal requirements. DigiComms will not enter into any agreement with any Minor unless such Minor has written consent from a parent or legal guardian to do so.
4.4. DigiComms reserves the right to take any action in relation to any documentation, information, data or material which DigiComms may in its sole discretion deem necessarily appropriate, if it believes that the failure to take such action may create any liability whether perceived or otherwise for DigiComms or its suppliers, or advertisers who cause DigiComms to lose or suffer any harm or damages in any proprietary interest or goodwill or which may adversely affect the provision or access to this website or the services of any of its service providers. In particular, the User undertakes:
4.4.1. not to violate the privacy of any person or to violate the security of any computer system or network, which shall include but not be limited to the following:
18.104.22.168. the infringing, directly or indirectly, any third party copyright, patent, trademark, trade secret or any other proprietary rights or rights to publicity or privacy;
22.214.171.124. the violation of any law, statute, ordinance, regulation, or public policy in force in South Africa. In this regard the User undertakes to familiarise itself with and ensure that he is kept continuously aware of, any amendments to such laws or regulations which may be in force from time to time;
126.96.36.199. any information, documentation, data, or material submitted or provided to DigiComms shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing, obscene, offensive or in bad taste;
188.8.131.52. any files transmitted shall not contain any “viruses”, “Trojan Horses”, “worms”, “time bombs”, “cancelbots” or any other computer programming routines or software that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or computer network nor to engage any activities which can be regarded as hacking or otherwise interfering with the integrity of this website and its supporting infrastructure;
184.108.40.206. the commission of any act or any omission which may have adverse technical effects on the integrity or functionality of this website and its supporting servers and infrastructure;
220.127.116.11. giving or making available in any way the User’s username and password to any other person in any manner for such person’s use, and the User undertakes to take whatever steps may be necessary to ensure the safekeeping and confidentiality of such username and password and in any event a User shall not disclose same to any third party without DigiComms’ prior written approval. A User shall be legally bound by and held responsible for actions taken with its username and password. The User hereby acknowledges that DigiComms is entitled to reasonably presume that the User is the transacting party where a specific username and password has been used to gain access to, view and/or engage in any activity on this website or any part thereof;
4.4.2. to immediately notify DigiComms should it have any reason to believe that the confidentiality of the username and password may be compromised;
4.4.3. to inform DigiComms of any restrictions and/or limitations on the authority of any authorised User who has been given access to the service and/or content of this website promptly and in writing.
5. LIMITATION OF LIABILITY AND INDEMNITY
5.1. Due to the number of sources from which DigiComms obtains content and the nature of electronic distribution via the worldwide web and internet, neither DigiComms nor any of its suppliers shall be liable to any User or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from any of the following circumstances, (and the User hereby indemnifies DigiComms and its suppliers against any and all claims in respect of such loss or damage):
5.1.1. resulting from or related to the use or access of or inability to use or access any of the Information, content or services provided on this website;
5.1.2. any fact or circumstance beyond the reasonable control of DigiComms;
5.1.3. any breakdown in the service provided by external service providers (including but not limited to line failure attributable to any telecommunications service provider);
5.1.4. the performance or unavailability of this website, or any other website to which it is connected or linked;
5.1.5. any suspension or interruption of access to this website by DigiComms;
5.1.6. any breach of privacy or security by any person or entity;
5.1.7. the loss, damage, destruction, theft, contamination or corruption of any data, information or content accessible by means of this website;
5.1.8. the preservation and protection of the integrity of any text or any other form of data, information or content which is contained on or accessible from this website;
5.1.9. any publication or use of any information or data contained on or accessible from this website;
5.1.10. a User’s failure to perform any of its obligations in terms of this agreement, including but not limited to any failure to comply with any provision of this agreement.
5.2. Without limiting the generality of the aforegoing, neither DigiComms or its suppliers shall be liable for any direct, consequential or indirect loss suffered by a User or any other person, and the User hereby indemnify and holds DigiComms and its suppliers harmless against any such claim or liability, including but not limited to loss of profits, loss of data and/or loss of anticipated business or goodwill.
5.3. While DigiComms will use all reasonable endeavours to ensure integrity, security and confidentiality of all personal information submitted and/or obtained from a User, it will not be held liable under any circumstances if such information is compromised, disseminated or otherwise disclosed through conduct outside the control of DigiComms such as hacking, infection by viruses, Trojan Horses or any other computer programming routines or software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5.4. DigiComms hereby disclaims any liability for, and the User hereby indemnifies DigiComms and its suppliers from and against, any and all losses, liability, costs or damage suffered or incurred by a User or any other person arising out of or in connection with the use, provision or distribution of any feature or service which may be promoted, displayed on, or associated with, this website or any other website which can be accessed from this website, however such loss or liability may occur, and whether such loss or liability is financial, personal, consequential, incidental or otherwise.
5.5. DigiComms does not warrant or represent that the functions, facilities or services or content contained on this website, or access to this website or any part thereof, will be uninterrupted or error free, that defects will be corrected, or that this website and/or the server that makes it available to a User, is free of viruses, infections, bugs or the like, nor does DigiComms make any warranty or representation, whether express or implied, as to the reliability, accuracy, usefulness, adequacy, quality, currency, completeness, suitability, fitness for any purpose or otherwise of any of the information, services, facilities, data or material displayed on or accessed from this website.
6. LIMITS UPON EXCLUSIONS OF LIABILITY
Nothing in this agreement shall –
6.1. limit or exclude any liability for death or personal injury resulting from negligence;
6.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
6.3. limit any liabilities in any way that is not permitted under applicable law; or
6.4. exclude any liabilities that may not be excluded under applicable law.
7. ONLINE COMMUNICATIONS
7.1. Where any User is permitted to participate in online communications such as sending and receiving electronic mail (e-mail), engaging in conferences, downloading and uploading files and other use permitted by DigiComms, such access and participation is subject to the following:
7.1.1. files that may be uploaded, public messages sent and User’s activity in conference are subject to review, modification, and deletion without notice by the representative of DigiComms responsible for the administration in the area where the activity takes place;
7.1.2. files uploaded to a bulletin board may be subject to posted limitations on usage, reproduction and dissemination and Users are responsible for adhering to such limitation should they download same.
7.2. Users are specifically prohibited from engaging in any of the following activities:
7.2.1. posting or transmission of any message which is or is likely to be interpreted as libellous, harmful, threatening, abusive or defamatory in the opinion of DigiComms;
7.2.2. posting or transmission of any message, data, image or program which is or may be interpreted by DigiComms, in its sole discretion, to be indecent, obscene or pornographic;
7.2.3. posting the same note more than once (“spamming”) is strictly prohibited;
7.2.4. interception or attempted interception of e-mail or other private communications not intended for that User;
7.2.5. use of this website as a mass unsolicited distribution medium to communicate a generally unsolicited message;
7.2.6. sending unsolicited e-mail messages through third party mail service in order to relay, hide the origin of the e-mail to others;
7.3. A User’s participation in online communication occurs in real time and is not edited, censored, or otherwise controlled by DigiComms. DigiComms cannot and does not screen content provided by Users during online communication. Notwithstanding the aforegoing, DigiComms reserves the right to monitor and record content in online communications but is not obliged to do so. DigiComms reserves the right to remove content which DigiComms in its sole discretion determines to be harmful, offensive or otherwise in violation of these terms and conditions.
8. SUSPENSION AND TERMINATION
8.1. In the event that a User should engage in any one or more of the prohibited practices or fail to comply with any obligations set out in this agreement, or otherwise breach any of the provisions of these terms and conditions, which shall be determined in DigiComms’ sole discretion and which decision shall be final, then DigiComms shall be entitled to, without prejudice to any of its rights to:
8.1.1. terminate or suspend, without notice, a User’s access to or use of this website or any service or facility;
8.1.2. charge the User for any costs incurred by DigiComms, including, but not limited to, administration costs and downtime; and
8.1.3. in the event that any such practice has an adverse technical effect on the network, to require the User to take such steps as may be necessary to rectify the situation at his/her own cost and expense.
8.2. The termination or suspension of a User’s right to use or access this website or any part thereof, will not affect the provisions of these terms and conditions which shall survive any such termination or suspension.
9.1. DigiComms may deliver notice to the User under these terms and conditions by means of electronic mail, a general notice on this website, or by written communication delivered by registered post to the User’s address on record. A User may give notice to DigiComms at any time via electronic mail at [email address] or by registered letter to the following address: [insert].
9.2. An e-mail duly transmitted by either party shall be deemed to have been received 1 (one) day after the date of transmission provided that no notice has been received indicating a failure of or inability to deliver such message. Correspondence sent by registered post shall be deemed to have been delivered 6 (six) days after the date of posting.
10. GOVERNING LAW
10.1. This agreement shall be governed by and construed in accordance with the laws applicable in the Republic of South Africa.
10.2. Where the law requires that any action related to a transaction be carried out in writing or by using a paper document, that requirement shall be met if the action is carried out in an electronic format or using a data message (including but not limited to e-mail ).
11. NO VARIATIONS OR AMENDMENTS
This agreement constitutes the whole agreement between the User and DigiComms relating to the subject matter hereof.
12. STIPULATIO ALTERI
The provisions of these terms and conditions are stipulated for the benefit of DigiComms, its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these persons or entities shall have the right to assert or enforce any of these provisions directly against the User on its own behalf which persons or entities hereby accepts such stipulation.
The clause headings in this agreement are for reference purposes only and shall not be used in the interpretation of this agreement.
14. NO WAIVER
Failure or neglect by DigiComms to fully enforce at any time any of its rights or any of the provisions of this agreement, shall not be construed as a waiver of its rights, nor shall such failure or neglect in any way act as an estoppel or effect the validity of the whole or any part of these terms and conditions, nor prejudice DigiComms’ rights to take any action which may have arisen in the past or which may arise in the future.
15.1. DigiComms reserves the right to change the content, presentation, format, performance, layout, facilities and services available or displayed on this website or any part thereof at its sole discretion and hereby disclaim all liability, losses, claims, damages or inconvenience which may be suffered by any person as a result of such changes.
15.2. DigiComms may modify these terms and conditions at any time and such modification shall be effective immediately on the posting of such amendment or modification on this website. A User may request e-mail notification of such amendments or modifications by contacting DigiComms at [email address].
15.3. It is the responsibility of all Users to be regularly ensured that they are aware of any modifications and/or updates or changes.
15.4. The continued use by a User or access to or viewing of this website and or the services offered shall be deemed to be conclusive acceptance of such modified terms and conditions.
In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, such terms will be separable from the remaining terms, which shall continue to be valid and enforceable.
17. CESSION AND DELEGATION
17.1. The User shall not cede any of his/her rights nor delegate any of his/her obligations in terms of these terms and conditions.
17.2. DigiComms shall be entitled to cede and transfer or delegate to any third party at its absolute discretion all or any of its rights or obligations under these terms and conditions.
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