Disclaimer

Definitions

Unless the context requires another meaning -

• information: includes text, data, images, illustrations, software, and other material forming part of the information services.
• the information service: means the information contained in the website or any part thereof.
• the web site: means Digility (Pty) Ltd, the website located at http://www.digility/online.co.za, including any part of the website.
• third party web site: means a website maintained by parties other than Digility (Pty) Ltd which can be accessed by hyperlink from the website.
• Digility (Pty) Ltd: and its subsidiaries and affiliates duly incorporated in terms of the laws of South Africa.

Purpose

These terms and conditions form an agreement between yourself and Digility (Pty) Ltd. Accessing and using the information services constitutes the agreement. The information service, including any new information added from time to time, is provided subject to these terms and conditions. The terms and conditions may be amended without notice to you. Accessing and using the information services after an amendment constitutes acceptance of the amended terms and conditions.

Ownership

The website is owned and managed by Digility (Pty) Ltd; duly incorporated in terms of the laws of South Africa. Certain information contained on the website has been provided by third parties and is owned by those third parties.

Registered domains

Digility (Pty) Ltd is the owner of the following domain name(s): http://www.digility/online.co.za.

Amendment

The information contained herein, including but not limited to, any information posted in any public area or chat room, may be amended, modified, updated, substituted, suspended, or deleted at any time without notice.

Acceptable uses

The information may be downloaded to a local hard disk, printed, or reproduced for personal non-commercial use, provided that the source is acknowledged where the information is used.

Prohibited uses

The following uses of the information services are prohibited without prior express written permission from Digility (Pty) Ltd:

• Copying, distribution, or display of the information beyond what may legally be construed as personal non-commercial use.
• Publication, broadcasting, or sale of the information.
• Use of the information in any manner which infringes any copyright or proprietary interests of Digility (Pty) Ltd or any third parties.
• Systematic downloading of the information using automated data retrieval programs.
• Copying, incorporating, or storing the information in another website, an electronic retrieval system, or other publication in any form, whether hard copy, electronic, or otherwise.
• Framing of the website.
• Sending or posting of any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually oriented, racially offensive, profane, or pornographic.

You hereby indemnify Digility (Pty) Ltd and hold it harmless against all loss, liability, damage, or expense which Digility (Pty) Ltd or any third party may suffer arising out of or in connection with your use of the website to send or post any such message or material.

Interruptions

Electronic communication and the Internet are inherently unstable and prone to interruptions and failure. This website will be subject to both scheduled and ad hoc maintenance and updates which may lead to interruptions in the delivery of the content of the site. Digility (Pty) Ltd does not warrant, guarantee, or represent that the information service will be provided uninterrupted, without failures, or error-free.

Viruses and other harmful content

The threat of viruses and other harmful content is inherent to electronic communication. Digility (Pty) Ltd does not warrant, guarantee, or represent that the website or information is free of viruses or other harmful content. You must take the necessary precautions to protect yourself against viruses and other harmful content.

Digility (Pty) Ltd is not responsible for any loss or damage arising from the infection by viruses or other harmful content of your computer or computer systems, whether as a result of accessing, browsing, or downloading the information or otherwise.

In the event of any virus or malicious code being detected on the website, the website, or parts thereof as need be, will be shut down until such time as the virus or malicious code has been eradicated and you shall have no claim against Digility (Pty) Ltd as a result of such shutdown.

Links to third party websites

The website contains hypertext links to websites maintained by individuals and organizations other than Digility (Pty) Ltd. Links are provided for convenience.

Digility (Pty) Ltd:

• Has no control over the third-party websites or their content.
• Does not endorse or approve the content of third-party websites.
• Makes no warranty or representation regarding the accuracy, timeliness, completeness, suitability, adequacy, or any other aspect of the information contained on third-party websites.

By accessing links to a third-party website, you:

• Do so at your own risk.
• Undertake to comply with the terms and conditions of use of such website.
• Undertake to refrain from infringing the copyright and other intellectual property rights of third parties in respect of such website.
• Indemnify Digility (Pty) Ltd and hold it harmless against all loss, liability, damage, or expense arising out of or in connection with your accessing of such website.

No hyper-text links shall be created from any website controlled by you or otherwise to this website without the express written permission of Digility (Pty) Ltd.

Accuracy, timeliness etc.

Care has been taken to ensure that the information services are accurate and up to date. However, Digility (Pty) Ltd does not guarantee accuracy, timeliness, completeness, suitability, or adequacy of the information. No representation or warranty is provided regarding the accuracy, timeliness, completeness, suitability, adequacy, or any other aspect of the information and/or content contained in the website.

No warranties of fitness for a particular purpose are provided. The information is provided "as is" and "as available" without any warranty of any kind.

Liability

For the reasons given above, Digility (Pty) Ltd disclaims and has no liability for all loss or damage, direct, special, consequential or otherwise, personal injury or expense of whatsoever nature, arising out of or in connection with the use of or reliance on the information or website. You hereby indemnify Digility (Pty) Ltd and hold it harmless against all loss, liability, damage, direct, special, consequential or otherwise, or personal injury or expense of whatsoever nature which may be suffered by you or such third party arising out of or in connection with the use of, or reliance on the information or the website.

Copyright

Unless otherwise stated:

• The website,
• The general design of the website,
• The information,

are protected by copyright or other intellectual property rights, which remain the exclusive property of Digility (Pty) Ltd. Trademarks, logos, and other intellectual property displayed on this site are registered and unregistered marks of Digility (Pty) Ltd or third parties and may not be used without prior express written permission from Digility (Pty) Ltd or the owner.

Trademarks and copyright notices, and related visual marks and logos, may not be removed from the information or any authorized reproduction of the information. The information may be used only for the acceptable uses mentioned above. Any unauthorized use may violate copyright, trademark, and other laws, making you liable under both civil and criminal law.

Email

Unprotected email is subject to possible interception, alteration, or loss.

User Information Gathered

Information regarding the operating systems, browsers, and IP origins of the users of this website is collected for statistical reporting purposes. No personal information regarding the users of this website is obtained aside from that which is freely given by the user when subscribing to the email leaflets. This information, namely email addresses, will not be given or sold to any third parties and will be used solely for the purposes of sending the aforementioned email leaflets.

General

1. These terms of use constitute the sole record of the agreement between you and Digility (Pty) Ltd in relation to the subject matter hereof. Neither you nor Digility (Pty) Ltd shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms of use supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between you and Digility (Pty) Ltd in respect of the subject matter hereof. No addition to, variation, or agreed cancellation of any provision of these terms of use shall be binding upon either you or Digility (Pty) Ltd unless agreed to by Digility (Pty) Ltd. No indulgence or extension of time which either you or Digility (Pty) Ltd may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
2. Digility (Pty) Ltd shall be entitled to cede, assign, and delegate all or any of its rights and obligations in terms of these terms of use to any third party.
3. All provisions of these terms of use are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms of use which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness, or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms of use shall remain in full force and effect.

Applicable law

This agreement is governed by and interpreted in terms of the laws of South Africa.

Advertisement Disclaimer

Digility (Pty) Ltd takes the utmost care to ensure that all advertisements and prices are correct. If a mistake occurs or incomplete information is published, we will communicate with the client immediately and update our website with all the correct details. Unless we state a specific limitation, Digility (Pty) Ltd will attempt to have sufficient advertised stock available to meet customers' anticipated demands. If we still run out of stock, we will attempt to obtain the stock or we will offer you a reasonable alternative.