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Pendleberry Grove Holidays, Self catering units [Bela Bela]
Pendleberry Grove Holidays, Self catering units [Bela Bela]
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Pendleberry Grove Holidays, Self catering units [Bela Bela]
Pendleberry Grove Holidays, Self catering units [Bela Bela]
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Pendleberry Grove Holidays, Self catering units [Bela Bela]
Pendleberry Grove [Bela-Bela]
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Pendleberry Grove Holidays, Self catering units [Bela Bela]
Pendleberry Grove Holidays, Self catering units [Bela Bela]
Pendleberry Grove Holidays, Self catering units [Bela Bela]
Pendleberry Grove Holidays, Self catering units [Bela Bela]
Pendleberry Grove Holidays, Self catering units [Bela Bela]
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Information
Terms and conditions
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TERMS AND CONDITIONS

  1. INTRODUCTION

    1. Definitions. As used herein, the following terms shall have the meanings set forth below:

      1. "Dttse" shall mean “Dttse and Dttse powered websites”.

      2. "Words" shall mean “Words in the singular include the plural meaning and words in the plural include the singular meaning”.

      3. "Gender" shall mean “Use of any gender includes the other genders”.

    2. "Language version" If there is any conflict between the English language version of the TERMS AND CONDITIONS and a version translated into another language, the English language text shall prevail.

  2. RESERVATION AND BOOKING AGENTS

    1. Dttse facilitates bookings for tourism service providers. We do not provide, own or run any travel services ourselves and we do not provide, own or run any service/accommodation.

  3. AGREEMENTS OF BOOKING/RESERVATION/PAYMENT

    1. Placing an item in the "Booking Cart" without completing the booking/purchase cycle does not constitute an agreement of booking/purchase between Dttse and the users cannot hold Dttse liable if such item(s) are not available when the purchase cycle is completed later; and/or constitute a booking/purchase/orders for such an item. Dttse may remove such an item from the Booking Cart if not available. An agreement or payment between Dttse and a user only comes into effect if and when money deposit of an electronic transfer is reflected on the Tourism Service Provider/Dttse and Dttse powered website's bank statement (and only if such payment is received within reasonable time after completion of the checkout process/purchase cycle); or a direct deposit is reflected in Dttse and Dttse powered website's bank statement and only if such payment is received within reasonable time after completion of the purchase cycle; or direct a Credit card payment is reflected on Dttse's bank statement and only if such payment is received within reasonable time after completion of the purchase cycle. Dttse reserves the right to refuse to accept and/or execute a booking/purchase/order without giving any reasons. Dttse also reserves the right to cancel booking/purchase/orders in whole or in part as circumstances dictate. Dttse shall take all reasonable efforts to maintain correct prices. However, should errors occur and items/bookings are offered at incorrect prices, Dttse will not be obliged to make/sell items/bookings at such incorrect prices and shall only be liable to refund monies paid. Guests can view or print a full booking/purchase/orders record of the transaction that is maintained for a period of twelve months on Dttse.

    2. Credit card holders and payments with credit card holders must enter the details of a valid credit card legally held by you.

  4. PRODUCT AVAILABILITY

  5. Booking/items of all items on offer are limited. Dttse shall take all reasonable efforts to discontinue the offer as soon as booking/product/item is no longer available. However, should items still be offered after booking/product/item are sold, Dttse shall only be liable to refund monies where it is unable to fulfill the unit, product, booking, itinerary as advertised. If the unit, product, booking, itinerary becomes unavailable as a result of natural disaster, act of God, war, insurrection, civil unrest or the like, you will have no claim against Dttse of any nature whatsoever. If unit(s), product(s), booking(s), itinerary becomes unavailable due to refurbishment being undertaken by the provider or any other reason, the provider shall offer you with a similar unit, product, booking, itinerary and you will have no claim against Dttse as a result thereof. If Dttse supplied the wrong unit(s), product(s), booking(s), itinerary or if the unit, product, booking, itinerary is not available, Dttse will communicate a solution towards the guest within 14 (fourteen days) after the agreement.

  6. SPECIAL OFFERS

    1. Dttse shall not be liable for the booking/payment of unit, product, booking or items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement or payment while such prices remained low.

    2. However, if the unit, product, booking, itinerary is no longer being offered at the special price, it will not be replaced and Dttse will refund the purchase price.

  7. PRICES

    1. The price of each item(s) is displayed with the unit, product, booking, item and itinerary. In the event of a booking/payment or special offer, the discounted price is displayed.

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  9. PAYMENTS

    1. DttseWallet:

      1. DttseWallet provides a platform where users can deposit bitcoins or money for use as a monetary payment across all products listed on Dttse powered websites and the service provider except DttseWallet payments.

      2. DttseWallet can only accept payment is South African Rand currency.

      3. Payments into DttseWallet will be converted to US dollar using Bank Exchange Rate between currencies.

      4. Payments will be kept in US dollar.

      5. Using your DttseWallet for payments:

        1. Payments in a currency other than US dollar will be converted to the selected currency for payment.

        2. Dttse charge 3.50% service fee for deposits into the DttseWallet.

        3. 0% commission for payments on listed products.

        4. Dttse charge 10.00% service fee for payments back to the depositor. Back payments will only be to a registered bank account.

      6. This link works the best if you are logged into a Dttse powered website. Click here for a link to DttseWallet.

    2. Payment options will be displayed in the search result pages as well as during the checkout procedure. Instructions will be given on how to make payments and would be subject to the following rules:

      1. The exact amount must be paid.

      2. If the payment is not live online, the payment must be identified by supplying the booking/purchase/orders number and surname in the reference section.

      3. Cheque deposits should be made as cash and is subject to a clearing period. To avoid your booking been cancelled, please advice the service provider on the date when the cheque has been deposited. Banks charge an additional fee for cheque processing and will be to the expense of the depositor.

  10. VALUE ADDED TAX

    1. Value added tax is according to each country and inclusive of the price.

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  12. CANCELLATIONS

    1. Each service provider has his own cancellation policies and will be enforced accordingly. Standard Policies are mentioned in the paragraphs below and should be used for guidelines.

    2. Cancellations made after receipt of payment, charges will be levied. The charges levied will be a percentage of the total fee and not the deposit, as follows:

      1. 0 - 30 days, 100% of total fee;

      2. 31 - 60 days, 50% of total fee;

      3. More than 60 days, 25% of total fee.

      4. Some of the Tourism Service Providers charge a 100% cancellation fee irrespective of the time frames.

    3. Dttse makes every effort to assure that the information supplied on the site is accurate. Where “unavailable service/accommodation” situations occur within two weeks (fourteen days) after the booking has been paid for, every effort will be made to inform the guest. Dttse will communicate a solution towards the guest.

  13. ALTERATIONS

    1. Each service provider has his own alteration policies and will be enforced accordingly. Standard Policies are mentioned in the paragraphs below and should be used for guidelines.

    2. After your booking has been processed, should you wish to alter any part of your unit/product/booking/itinerary, these alterations will have to be re-contracted, taking cancellation fees mentioned above into considerations. An alteration fee of 10% will be charged.

  14. AIRFARES

    1. Airfares are subject to possible increases or decreases without notice. Once air tickets have been issued, there will be no change in airfares and cancellation/amendment fees will apply. Any increase in airfare from the time of booking to the time of ticket issue shall be for the passenger’s account.

  15. AIR TRAVEL TAX AND PORT CHARGES

    1. Airport tax and/or air ticket tax and/or security charges and/or port taxes are levied on certain travel bookings. Foreign taxes are subject to exchange rate fluctuations. Please check at the time of making a booking, as such taxes are not usually included in quoted/advertised airfares.

  16. CHANGES IN RATES/PRICES

    1. The rate/prices quoted are subject to change without prior notice. Where exchange rates are applicable these are subject to the Bank Exchange Rate.

  17. UNUSED SERVICES AND ADDITIONAL EXPENSES

    1. No refund or reduction will be considered for any unit, product, booking, itinerary, accommodation or service not taken up for what reason whatsoever.

    2. All alternative arrangements will be to the client’s personal expense.

  18. RESTRICTIONS ON RESERVATIONS

    1. Dttse reserves the right to cancel any unit, product, booking, item or itinerary of a person or company who has previously been prohibited from entering the unit/product/booking/itinerary.

    2. The onus is on the purchaser to assure that these restrictions are observed.

  19. RESPONSIBILITY

    1. All unit, product, booking, itinerary, accommodation or service are made on the express condition that Dttse shall not be responsible for and shall be exempt from, all liability in respect of any loss, damage, accident, delay or inconvenience to any person, or his or her luggage or property, wherever and howsoever may occur.

    2. Dttse shall not be liable for any consequential loss or damage whatsoever.

  20. SUB CONTRACTORS

    1. In cases where Dttse makes use of the services of sub-contractors, the terms and conditions of the sub contractors apply. Dttse cannot be held liable for services rendered by sub-contractors.

    2. Whilst Dttse uses its best attempts to ensure that only reputable sub-contractors are used, there shall be no claim of any nature whatsoever against Dttse for a refund, either in the whole or part, if any unit, product, booking, itinerary, accommodation, transfers or service is unavailable or were delayed, type and/or quality of vehicle/equipment used, or the client was unable to use that service.

  21. INSURANCE

    1. It is strongly recommended that clients take out insurance on personal and baggage, as well as cancellation insurance.

    2. It is the client's responsibility to arrange this insurance.

  22. TRAVEL DOCUMENTS

    1. It is the client’s responsibility to acquire, ensure that the necessary travel documents that may be required in respect of the proposed tour, itinerary, health and other certificates that may be required from time to time are attained.

    2. Dttse will attempt to assist the client in regard to the necessary documentation, such assistance will however, be at Dttse discretion.

    3. The client acknowledges that in doing so, Dttse is not assuming any obligation or liability and that nevertheless the responsibility to ensure that the aforesaid documents are in order and complies with such lawful and other requirements to enable the client to enjoy the benefits, remains the client's responsibility.

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  24. COPYRIGHT

    1. Copyright © – up to the current date and time. All rights not categorical granted are reserved. To obtain permissions for the commercial use of any content on this site contact us.

    2. Users may download, view and print content from this site for private and non-commercial purposes only.

    3. All moral rights of Dttse and its employees/agents/service providers are reserved.
      Dttse cannot screen or edit all the content available from Dttse and Dttse powered websites and does not accept any liability for illegal, defamatory, obscene or incorrect content.

    4. Users are encouraged to inform Dttse of any content that may be incorrect, illegal or offensive.

  25. PROPERTY RIGHTS

    1. All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Dttse and as such are protected from infringement by local and international legislation and treaties.

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  27. ELECTRONIC COMMUNICATIONS

    1. When using Dttse or sends emails to Dttse, that user consents to receiving communications from Dttse electronically and agrees that all agreements, notices, disclosures and other communications sent by Dttse satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

  28. PRIVACY

    1. Dttse shall take all reasonable steps to protect the personal information of Users:

      1. For the purpose of this clause, "personal information" shall be defined as detailed below.

      2. Dttse may electronically collect, store and use the following information:

        1. Personal information of Users:

          1. Name and surname;

          2. Birth date;

          3. Gender;

          4. Country;

          5. City/Town;

          6. Address;

          7. Mobile / Telephone numbers;

          8. Email address.

        2. Non-personal information:

          1. Non-personal browsing habits and click patterns;

          2. IP address.

     

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  29. DATA PROTECTION

    1. Dttse is hosted in a HTTPS environment.

    2. Dttse uses guidelines set by EU General Data Protection Regulation. (GDPR)

    3. Dttse encrypts personally identifiable information, stored at Dttse storage encrypted at the storage level using AES.

      The following personal information is stored encrypted:

      1. Name and surname.

      2. Addresses (excluding country, city/town & suburb).

      3. Mobile / Telephone numbers.

      4. Email addresses.

      5. Passwords.

  30. INFORMATION USE

    1. Dttse collects, stores and uses the above-mentioned information for the following purposes:

      1. To greet the User when he/she accesses the Dttse;
        Subject to the User's consent, inform the User of facts relating to his/her access and use of the Dttse;

      2. Subject to the User's consent, inform the User about competitions and special offers from Dttse and/or its partners/affiliates;

      3. To compile non-personal statistical information about browsing habits, click-patterns and access to Dttse.

      4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User.

      5. Dttse may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

        1. Dttse shall not disclose personal information from Users unless the User consents thereto;

        2. Dttse shall disclose information without the User's consent only through due legal process; and

        3. Dttse may compile, use and share any information that does not relate to any specific individual.

        4. Dttse owns and retains all rights to non-personal statistical information collected and compiled by Dttse.

  31. HYPERLINKS

    1. No person, business or web site may link to any page on this site without the prior written permission of Dttse.

    2. Such permission could be obtained from the person referred to in the “Copyright” section above or mail contact us.

  32. FRAMING

    1. No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

  33. SPIDERS AND CRAWLERS

    1. No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Dttse.

    2. Such permission could be obtained from the person referred to in the “Copyright” section above or mail contact us.

  34. DISCLAIMER

    1. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act of South Africa, neither Dttse 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 web site or the services or content provided from and through this web site.

    2. Furthermore, Dttse makes no representations or warranties, implied or otherwise, that amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

    3. Users are encouraged to report any possible malfunctions and errors to Development.

    4. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements.

    5. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Dttse that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

    6. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Dttse and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

    7. Neither Dttse 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 unit/product/booking/item/itinerary sold on this web site.

  35. SECURITY

    1. The user agrees and warrants that its login name and password shall:

      1. be used for personal use only; and

      2. not be disclosed to any third party.

    2. The user allows Dttse to take all reasonable steps to ensure the integrity and security of the Dttse site and back-office applications.

  36. CHANGES TO AGREEMENT

    1. Dttse may, in its sole discretion, change this agreement or any part thereof at any time without notice.

  37. USE OF DTTSE

    1. Dttse is designed for the use of private individuals and agents to make bookings/reservations.

    2. If you are a person in top management of an agency or Freelance Representative listing products, click here for registration.

      1. If you are a person working for or part of an agency, please ask your superior to register you.

 

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Terms of Use

  1. Your Acceptance

    1. By using or visiting any Dttse products, software, data feeds, and services provided to you on, from, or through Dttse (collectively the "Service") you signify your agreement to

      1. these terms and conditions (the "Terms of Service"),

      2. Dttse and Dttse powered website's privacy notice can be found at PRIVACY.

    2. Although we may attempt to notify you when major changes are made to these Terms of Service and Conditions, you should periodically review the most up-to-date version Terms of Service and Conditions. Dttse may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

  2. Service

    1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Dttse, including but not limited to all products, software and services offered via Dttse, such as availability, admin portal and other applications.

    2. The Service may contain links to third party websites that are not owned or controlled by Dttse. Dttse has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Dttse will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Dttse from any and all liability arising from your use of any third-party website.

    3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

  3. Dttse Accounts

    1. In order to access some features of the Service, you will have to create a Dttse account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Dttse immediately of any breach of security or unauthorized use of your account.

    2. Although Dttse will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dttse or others due to such unauthorized use.

  4. General Use of the Service—Permissions and Restrictions

    1. Dttse hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

      1. You agree not to alter or modify any part of the Service.

      2. You agree not to access Content through any technology or means other than the Dttse Admin portal pages of the Service itself or other explicitly authorized means Dttse may designate.

      3. You agree not to use the Service for any of the following commercial uses unless you obtain Dttse and Dttse powered website's prior written approval:

        1. The sale of access to the Service;

        2. The sale of advertising, sponsorships, or promotions placed on or within the Service or Content.

      4. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Dttse servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Dttse grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Dttse reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

      5. In your use of the Service, you will comply with all applicable laws.

      6. Dttse reserves the right to discontinue any aspect of the Service at any time.

  5. Your Use of Content

    1. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

      1. The Content on the Service, service marks and logos ("Marks") on the Service, are owned by or licensed to Dttse, subject to copyright and other intellectual property rights under the law.

  6. Your Content and Conduct

    1. As a Dttse account holder you may submit Content to the Service, text, links, images. You understand that Dttse does not guarantee any confidentiality with respect to any Content you submit.

    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Dttse all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

    3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Dttse, you hereby grant Dttse a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Dttse and Dttse powered website's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you disabled, remove or delete your content from the Service. You understand and agree, however, that Dttse may retain, but not display, distribute, or perform, server copies of your content that have been disabled, removed or deleted. The above licenses granted by you in content you submit are perpetual and irrevocable.

    4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Dttse all of the license rights granted herein.

    5. You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.

    6. Dttse does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Dttse expressly disclaims any and all liability in connection with Content. Dttse does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Dttse will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Dttse reserves the right to remove Content without prior notice.

  7. Account Termination Policy

    1. Dttse will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

    2. Dttse reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive content. Dttse may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

  8. Warranty Disclaimer

    1. You agree that your use of the services shall be at your sole risk, to the fullest extent permitted by law, Dttse, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Dttse makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any

      1. errors, mistakes, or inaccuracies of content,

      2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,

      3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

      4. any interruption or cessation of transmission to or from our services,

      5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or

      6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.

      7. Dttse does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Dttse will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

  9. Limitation of Liability

    1. In no event shall Dttse, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

      1. errors, mistakes, or inaccuracies of content,

      2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,

      3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

      4. any interruption or cessation of transmission to or from our services,

      5. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or

      6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction,

      7. you specifically acknowledge that Dttse shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

      8. The Service is controlled and offered by Dttse from South Africa. Dttse makes no representations that the Service is available for use in other locations.

  10. Indemnity

    1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Dttse, its employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

      1. your use of and access to the Service;

      2. your violation of any term of these Terms of Service;

      3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or

      4. any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

  11. Ability to Accept Terms of Service

    1. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

    2. Your agreement with Dttse will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms and Terms of Use. All of these are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
  12. Assignment

    1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dttse without restriction.

  13. General

    1. You agree that:

      1. The Service shall be deemed a passive website that does not give rise to personal jurisdiction over Dttse, either specific or general, in jurisdictions other than South Africa. These Terms of Service shall be governed by the internal substantive laws of the Republic of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and Dttse that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in South Africa. These Terms of Service, together with the Privacy Notice and any other legal notices published by Dttse on the Service, shall constitute the entire agreement between you and Dttse concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Dttse and Dttse powered website's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Dttse reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and Dttse agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

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Terms of Service

  1. Your relationship with Dttse

    1. Your use of Dttse and Dttse powered website’s products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Dttse under a separate written agreement) is subject to the terms of a legal agreement between you and Dttse. “Dttse” means Dttse, whose principal place of business is at 1A Beneden Street, Rustenburg, North West Province, 0300, South Africa. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

    2. Unless otherwise agreed in writing with Dttse, your agreement with Dttse will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

    3. Your agreement with Dttse will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

    4. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Dttse in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

    5. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

  2. Accepting the Terms

    1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

    2. You can accept the Terms by:

      1. clicking to accept or agree to the Terms, where this option is made available to you by Dttse in the user interface for any Service; or

      2. by actually using the Services. In this case, you understand and agree that Dttse will treat your use of the Services as acceptance of the Terms from that point onwards.

    3. You may not use the Services and may not accept the Terms if

      1. you are not of legal age to form a binding contract with Dttse, or

      2. you are a person barred from receiving the Services under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you use the Services.

    4. Before you continue, you should print off or save a local copy of the Universal Terms for your records.

  3. Language of the Terms

    1. Where Dttse has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Dttse.

    2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

  4. Provision of the Services by Dttse

    1. Dttse has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Dttse itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

    2. Dttse is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Dttse provides may change from time to time without prior notice to you.

    3. As part of this continuing innovation, you acknowledge and agree that Dttse may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Dttse and Dttse powered website’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Dttse when you stop using the Services.

    4. You acknowledge and agree that if Dttse disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

    5. You acknowledge and agree that while Dttse may not currently have set a fixed upper limit on the data you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Dttse at any time, at Dttse and Dttse powered website’s discretion.

  5. Use of the Services by you

    1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Dttse will always be accurate, correct and up to date.

    2. You agree to use the Services only for purposes that are permitted by

      1. the Terms and

      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from South Africa or other relevant countries).

    3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Dttse, unless you have been specifically allowed to do so in a separate agreement with Dttse. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

    4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

    5. Unless you have been specifically permitted to do so in a separate agreement with Dttse, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

    6. You agree that you are solely responsible for (and that Dttse has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Dttse may suffer) of any such breach.

  6. Your passwords and account security

    1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

    2. Accordingly, you agree that you will be solely responsible to Dttse for all activities that occur under your account.

    3. If you become aware of any unauthorized use of your password or of your account, you agree to notify Dttse immediately at contact us.

  7. Privacy and your personal information

    1. For information about Dttse and Dttse powered website’s data protection practices, please read Dttse at PRIVACY. This policy explains how Dttse treats your personal information, and protects your privacy, when you use the Services.

    2. You agree to the use of your data in accordance with Dttse and Dttse powered website’s privacy policies.

  8. Content in the Services

    1. You understand that all information (such as data files, written text, computer software, photographs, or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

    2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Dttse (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Dttse or by the owners of that Content, in a separate agreement.

    3. Dttse reserves the right (but shall have no obligation) to pre-screen, review, filter, modify, refuse or remove any or all Content from any Service.

    4. You agree that you are solely responsible for (and that Dttse has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Dttse may suffer) by doing so.

  9. Proprietary rights

    1. You acknowledge and agree that Dttse own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Dttse and that you shall not disclose such information without Dttse and Dttse powered website’s prior written consent.

    2. Unless you have agreed otherwise in writing with Dttse, nothing in the Terms gives you a right to use any of Dttse and Dttse powered website’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

    3. If you have been given an explicit right to use any of these brand features in a separate written agreement with Dttse, then you agree that your use of such features shall be in compliance with that agreement.

    4. Other than the limited license set forth in Section 11, Dttse acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Dttse, you agree that you are responsible for protecting and enforcing those rights and that Dttse has no obligation to do so on your behalf.

    5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

    6. Unless you have been expressly authorized to do so in writing by Dttse, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

  10. License from Dttse

    1. Dttse gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Dttse as part of the Services as provided to you by Dttse (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Dttse, in the manner permitted by the Terms.

    2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Dttse, in writing.

    3. Unless Dttse has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

  11. Content licence from you

    1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Dttse a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Dttse to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

    2. You agree that this licence includes a right for Dttse to make such Content available to other companies, organizations or individuals with whom Dttse has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

    3. You understand that Dttse, in performing the required technical steps to provide the Services to our users, may

      1. transmit or distribute your Content over various public networks and in various media; and

      2. make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Dttse to take these actions.

    4. You confirm and warrant to Dttse that you have all the rights, power and authority necessary to grant the above licence.

  12. Software updates

    1. The Software which you use may automatically install updates from time to time to Dttse. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

  13. Ending your relationship with Dttse

    1. The Terms will continue to apply until terminated by either you or Dttse as set out below.

    2. If you want to terminate your legal agreement with Dttse, you may do so by

      1. notifying Dttse at any time and

      2. closing your accounts for all of the Services which you use, where Dttse has made this option available to you. Your notice should be sent, in writing, to Dttse and Dttse powered website’s address which is set out at the beginning of these Terms.

    3. Dttse may at any time, terminate its legal agreement with you if:

      1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

      2. Dttse is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

      3. the partner with whom Dttse offered the Services to you has terminated its relationship with Dttse or ceased to offer the Services to you; or

      4. Dttse is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

      5. the provision of the Services to you by Dttse is, in Dttse and Dttse powered website’s opinion, no longer commercially viable.

    4. Nothing in this Section shall affect Dttse and Dttse powered website’s rights regarding provision of Services under Section 4 of the Terms.

    5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Dttse have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.5 shall continue to apply to such rights, obligations and liabilities indefinitely.

  14. Exclusion of warranties

    1. Nothing in these terms, including Sections 14 and 15, shall exclude or limit Dttse and Dttse powered website’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

    2. you expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

    3. in particular, Dttse, its subsidiaries and affiliates do not represent or warrant to you that:

      1. your use of the services will meet your requirements,

      2. your use of the services will be uninterrupted, timely, secure or free from error,

      3. any information obtained by you as a result of your use of the services will be accurate or reliable, and

      4. that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

    4. any material obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

    5. no advice or information, whether oral or written, obtained by you from Dttse or through or from the services shall create any warranty not expressly stated in the terms.

    6. Dttse further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

  15. limitation of liability

    1. Subject to overall provision in paragraph 14.1 above, you expressly understand and agree that Dttse, its subsidiaries and affiliates shall not be liable to you for:

      1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute items or services, or other intangible loss;

      2. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

        1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

        2. any changes which Dttse may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

        3. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

        4. your failure to provide Dttse with accurate account information;

        5. your failure to keep your password or account details secure and confidential;

    2. The limitations on Dttse and Dttse powered website’s liability to you in paragraph 15.1 above shall apply whether or not Dttse has been advised of or should have been aware of the possibility of any such losses arising.

  16. Copyright and trade mark policies

    1. It is Dttse and Dttse powered website’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringer’s.

  17. Other content

    1. The Services may include hyperlinks to other web sites or content or resources. Dttse may have no control over any web sites or resources which are provided by companies or persons other than Dttse.

    2. You acknowledge and agree that Dttse is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

    3. You acknowledge and agree that Dttse is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

  18. Changes to the Terms

    1. Dttse may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Dttse will make a new copy of the Universal Terms available here and any new Additional Terms will be made available to you from within, or through, the affected Services.

    2. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Dttse will treat your use as acceptance of the updated Universal Terms or Additional Terms.

  19. General legal terms

    1. The Terms constitute the whole legal agreement between you and Dttse and govern your use of the Services (but excluding any services which Dttse may provide to you under a separate written agreement), and completely replace any prior agreements between you and Dttse in relation to the Services.

    2. You agree that Dttse may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

    3. You agree that if Dttse does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Dttse has the benefit of under any applicable law), this will not be taken to be a formal waiver of Dttse and Dttse powered website’s rights and that those rights or remedies will still be available to Dttse.

    4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

    5. The Terms, and your relationship with Dttse under the Terms, shall be governed by the laws of the Republic of South Africa without regard to its conflict of laws provisions. You and Dttse agree to submit to the exclusive jurisdiction of the courts located within the county of South Africa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Dttse shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

Dated: 25 February 2018

 

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