Please read the following Website Legal Notice carefully as it contains the terms owned by the Diamond Channel (PTY) Ltd (“DC”) as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”). Please note that any reference to any gender shall include a reference to the other genders and that any reference to natural persons shall include a reference to legal persons and vice versa and that any reference to the singular shall include the plural and vice versa.
1. The User’s (Your) usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards DC. DC may amend these Terms and Conditions of Usage at any time by posting the amended terms and conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent use of the site shall be governed by such amended terms. This agreement was last revised on 22 January 2015. You are advised to regularly check these terms and conditions for any amendments or updates.
1.1. LIMITED LIABILITY OF THE DIAMOND CHANNEL
DC reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website. DC takes no responsibility for, and will not be liable for the Website being temporarily unavailable or inaccessible. The User understands that usage of the Website is at the sole discretion and risk of the User. The user assumes full responsibility and risk of loss resulting from the use thereof.
1.1. NO WARRANTY
The information contained on the Website is provided by DC and/or its partners, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. DC expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
1.2. INDEMNIFICATION OF DC
You agree to defend, indemnify and hold DC, its officers, directors, employees, agents, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the software supporting/enabling the Website and reasonable legal and accounting fees, resulting from, or alleged to result from Your use of this Website or the software supporting/enabling the Website.
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither The Diamond Channel nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, The Diamond Channel makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
Users are encouraged to report any possible malfunctions and errors to us by logging it to [email protected]
This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with The Diamond Channel that the service available from and through this website will meet the user's individual requirements and be compatible with the user's hardware and/or software.
Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of The Diamond Channel and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this website. Neither The Diamond Channel nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
1.3. UNAUTHORISED USE OF WEBSITE
The User is permitted to use the Website for lawful purposes only.Unauthorised use of this Website may give rise to DC instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.4. APPLICABLE LAW
This Website is created, maintained and controlled in South Africa and as such, the laws of the South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use this site.
If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.
2. INTELLECTUAL PROPERTY
2.1. Intellectual Property Rights includes content, designs, trademarks, (all names, marks, brands, logos, designs, trade dress, slogans used on/in connection with the website) and trade secretsthat is the intellectual property of DC and/or various third parties subject to the intellectual property/other laws of South Africa and as applicable foreign laws, international conventions and treaties. No license to DC’s intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated. You may retrieve, store, cite or refer to or print Content from any of our websites for non-commercial, private or personal use only as provided for under South Africa Copyright law.
2.2 Without limitation to the prohibitions placed on the User by contract or law You expressly agree not to embark/infringe on the following:
2.1.1. The trade marks which belong to DC may not be may not be used, copied or reproduced in any way without written consent from DC;
2.1.2. Modify the Website content for the purposes of reposting to other websites;
2.1.3. Copy, store, or otherwise incorporate Website content or intellectual property into any other web site, electronic retrieval system, publication or other work.
3. COMPLIANCE WITH THE ELECTRONIC COMMUNICATIONS ACT
In terms of Section 43 of the Electronic Communications Act the following information regarding DC has to be provided for your information. This section of the Website Legal Notice was last revised on 22 January 2015. You are advised to regularly check this sectionon a regular basis for any updates:
|INFORMATION REQUIRED||ANSWERS TO INFORMATION REQUIRED|
|1.||The full name:||The Diamond Channel|
|2.||The Diamond Channels physical address and telephone number||158- 5th Street 1st Floor Sandton Office Towers|
|3.||The Diamond Channels web site address and e-mail contact address:|
|4.||Membership of any self-regulatory or accreditation bodies to which Diamond Channel belongs or subscribes||Jewellery Council of South Africa|
|5.||The registration number of Diamond Channel||2014/126434/07|
|6.||The place of registration||Johannesburg|
|7.||The physical address where the Diamond Channel will receive legal service of documents;||158- 5th Street 1st Floor Sandton Office Towers|
|8.||Description of the main characteristics of the products or services offered by Diamond Channel||Jewellery Design and Sales|
|9.||Alternative Dispute Resolution Code||N/A|