All references to “we”, “us” and “our” in these Terms & Conditions are deemed to refer to Digital Oven. All references to “you” and “your” are deemed to refer to any user and/or visitor of www.digitaloven.co.za (“Site”) operated by us.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, PLEASE LEAVE THE SITE NOW.
1 Use of the Site
1.1 You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Site. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Site or the information contained herein, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Site).
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure), icons, graphics, layouts and video, and the look and feel, design and compilation thereof) at this Site are either owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
3 Intellectual Property
3.1 We are the owner or authorised licensee of all trade marks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated.
3.2 Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property and/or content you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property and/or content on the Site is prohibited.
4.1 You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide.
4.2 Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
5 How it Works
5.1 Digital Oven produces cost effective websites for small business. We offer a number of set themes that you may choose for your website. Select a theme and complete the signup form to register as a client and get free use of a domain name of your choice.
There are also a number of addon packages available at a monthly fee to bolt on to your core website package. You may choose to have an firstname.lastname@example.org email address, web statistics, and or online booking widget. The signup form can be found here: www.digitaloven.co.za/signup
6.1 Any person who accesses this Site or relies on this Site or on the information contained in this Site does so at his or her own risk.
6.2 While we take reasonable measures to ensure that the contents of this Site are accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Site or as to the accuracy, completeness or reliability of any information on this Site.
6.3 All INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR NON-INFRINGEMENT, AS MAY BE ALLOWED IN LAW.
6.4 We do not accept any responsibility for any errors or omissions on this Site.
6.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, we also make NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, THAT THE INFORMATION OR FILES AVAILABLE ON THIS SITE ARE FREE OF VIRUSES, SPYWARE, MALWARE, TROJANS, DESTRUCTIVE MATERIALS OR ANY OTHER DATA OR CODE WHICH IS ABLE TO CORRUPT, DESTROY, COMPROMISE OR JEOPARDISE THE OPERATION, STABILITY, SECURITY FUNCTIONALITY OR CONTENT OF YOUR COMPUTER SYSTEM, COMPUTER NETWORK, HARDWARE OR SOFTWARE IN ANY WAY.
7 Linked Thired Party Websites, Goods and/or Services
7.1 This Site may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms & Conditions do not apply to those Third Party Websites and we are not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
7.2 Notwithstanding the fact that this Site may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and WE ARE NOT RESPONSIBLE FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM YOUR USE OF SUCH THIRD PARTY WEBSITES or your reliance on any information contained thereon.
7.3 WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
8 Your Responsibility
8.1 You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.
9 Limitation of Liability
WE AND/OR OUR DIRECTORS, EMPLOYEES, AGENTS AND/OR CONSULTANTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE SITE AND/OR ANY LINKED THIRD PARTY WEBSITE, UNLESS SUCH LOSS OR DAMAGES ARISE DUE TO OUR GROSS NEGLIGENCE.
10.1 YOU HEREBY INDEMNIFY US AND/OR OUR DIRECTORS, EMPLOYEES, AGENTS AND/OR CONSULTANTS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS SITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
10.2 YOU ALSO INDEMNIFY US AND/OR OUR DIRECTORS, EMPLOYEES, AGENTS AND/OR CONSULTANTS AGAINST ANY CLAIMS THAT INFORMATION OR MATERIAL WHICH YOU HAVE SUBMITTED TO US IS IN VIOLATION OF ANY LAW OR IN BREACH OF ANY THIRD PARTY RIGHTS (INCLUDING, BUT NOT LIMITED TO, CLAIMS IN RESPECT OF DEFAMATION, INVASION OF PRIVACY, BREACH OF CONFIDENCE, INFRINGEMENT OF COPYRIGHT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT).
12 Availability of the Site
12.1 We will use reasonable endeavours to maintain the availability of the Site, except during scheduled maintenance periods, and reserve the right to discontinue providing the Site or any part thereof with or without notice to you.
12.2 We may in our sole discretion terminate, suspend and modify this Site, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend, modify or terminate this Site.
13 Restriction, Suspension and Termination
13.1 We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms & Conditions.
13.2 We may also remove the Site as a whole or any sections or features of the Site at any time.
13.3 PLEASE NOTE THAT WE HAVE THE ABILITY TO TRACE YOUR IP ADDRESS AND IF NECESSARY CONTACT YOUR INTERNET SERVICE PROVIDER IN THE EVENT OF A SUSPECTED BREACH OF THESE TERMS & CONDITIONS.
14 Changes to these Terms and Conditions
We reserve the right to update and/or amend the Terms & Conditions from time to time and without any notice, and you are accordingly encouraged to check the Site regularly. Any such change will only apply to your use of this Site after the change is displayed on this Site. If you use this Site after such updated or amended Terms and Conditions have been displayed on this Site, you will be deemed to have accepted such updates or amendments.
15 Entire Agreement
16 No waiver or Indulgences
The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision.
17 Terms Severable
If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect.
18 Applicable Law and Jurisdiction
18.1 These Terms & Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
18.2 Your continued use of the Site will constitute your 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 these Terms & Conditions.