CONDITIONS FOR USE OF WEBSITE OF DIAMOND DEALERS CLUB OF SOUTH AFRICA (“DDC”)
- The terms and conditions set out hereunder were approved as a by-law by the Executive Committee of DDC and in terms of the prescripts of the Constitution of the DDC.
- DDC is the sole proprietor of the intellectual property reflected in this website. It is entitled to prescribe and amend terms and conditions for its usage in its sole and unfettered discretion. This website is provided for the benefit of its members and such other parties as it may from time to time allow.
- The DDC hereby reserves the right to amend the terms, conditions, and other notices issued on this website and on which it is displayed, including but not limited to the fee structure associated with the use of the web site.
- All the provisions of the Constitution of the DDC shall apply to the usage of this website, and non-members who are allowed to use this website shall be bound thereby. In particular, attention is drawn to the provisions as regards arbitration and disciplinary proceedings, obtainable from the office the DDC.
- Usage of this website shall not:
- Adversely affect the website or other parties’ use or enjoyment thereof;
- Promote any unlawful activity;
- Violate the rights of others;
- Act in any way to prejudice the DDC or other users;
- Allow trade in synthetic or treated diamonds.
6. This website may contain links to other web sites. The linked sites are not under the control of or in the possession of the DDC and the DDC does not take any form of responsibility for the contents of linked web site(s), including but not limited to amendments to a linked site(s). The format, broadcasting or transmission of such linked site is under no control of the DDC and the DDC takes no responsibility of any kind for it. Any linked site is merely there as a point of reference and convenience and any such linked site does not mean that the DDC has endorsed or is in association with the linked site.
7. Prohibited Use/Indemnity
The user of the website hereby acknowledges and warrants that it shall not use the website for any other purpose than it is intended for and that it shall act lawfully and not make use of the website in any manner that contravenes the terms and conditions stated herein. Any use age of the website that contravenes these stated terms and conditions is strictly forbidden and any form of conduct that interferes , damages, overburden or disable the website may lead to legal remedies being sought against the user by DDC.
8. Limitation of Use
The user shall under no circumstances be allowed to defame, harass or in any other way contravene the rights of the DDC or other users and shall desist from disseminating any form of information that is considered defamatory, insulting, obscene or unlawful. The user herewith expressly agrees and confirms that the downloading of any information that contravenes intellectual property either belonging to the DDC or any third party, whereby the aforesaid intellectual property is infringed or in any manner prejudiced by the user is forbidden.
The DDC divests itself from the duty to monitor all communication services. The DDC does however reserve the right to review any form of printed media that is posted as a communication service and furthermore reserves the right to remove such materials it deems to be unlawful or an infringement of any kind, in its absolute and sole discretion. The views expressed in whatever forum on the website do not represent the views of the DDC and are not authorised by the DDC.
Any material provided to the DDC and posted on the website does not claim ownership of the material provided .Any material provided to the DDC by a user grants the DDC the right to copy, display, distribute and transmit the materials provided. The name of the user may be published in connection with any material provided.
The DDC may in its sole discretion require the removal by any user of any content which it decides is unsuitable and may terminate usage with or without notice without assigning reasons therefor.
9. Liability Disclaimer
Any material provided to the DDC may contain inaccurate statements and typographical errors. Amendments may be effected from time to time and the DDC hereby reserves the right to make amendments where and if so required in terms of applicable law and material is received on an “as is” basis. The DDC shall under no circumstances be liable for any form of damage or losses suffered that may have been caused by inaccurate information or the amendment of the inaccurate information received. All users hereby agree that their sole remedy shall be to discontinue their usage of the website.
In amplification, the DDC shall in no circumstances be liable for any loss or damage sustained by any party, whether a user or not, during the operation of this website or the provision of associated services such as links or “cookies” or advising users of other information relevant to business usage. In particular it shall not be liable for any representations made by any user.
10. Service Contact : www.DDCSA.co.za
11. Termination of usage/ Restriction of Usage
The DDC reserves the right in its sole and absolute discretion to terminate any user’s access to the website and related services thereto without prior notice. This agreement is governed by South African law and venue of courts shall be the High Court of South Africa (Gauteng Local Division)
12. Intellectual Property
All contents and material conveyed on the web site are for the benefit of copyright belonging to the DCC or its suppliers. All rights are strictly reserved.
Trade Marks and other intellectual property instruments shall be transmitted with the express consent of the trade mark owner and shall remain within the domain of the owner. Any and all trade mark or other intellectual property infringements must be delivered to Suite 102, S A Diamond Centre, 225 Main Street, Johannesburg for the attention of the Secretary. Any and all claims relating to intellectual property infringement shall be subject to the Intellectual Property laws of South Africa (as amended).
The DDC hereby affirms its commitment to protecting the privacy of its suppliers and users and personal information which includes e-mail address, name, home or work address or telephone number shall be disclosed upon a mandate received. DDC shall collect anonymous demographic information which shall relate to the age, preferences and interests of all parties participating.
Any personal identifiable information shall be used by the DDC solely for the operation of the service, maintaining the quality of the service and to provide general statistics regarding use of the website. All users are reminded that personal identifiable information or sensitive information may be disclosed through the public message boards and this information may be used by other users. The DDC neither reads nor does it proof read any information any user provides it. The DDC furthermore does not:
-Sell, rent or in any other manner transmit whatsoever any information to users or third parties;
-Any user’s unique personal identifiable information will not be transferred to a third party. All third parties are strictly prohibited from using any personal information for any other purpose than for the reason set out in these terms and conditions.
Disclosure of personal information may without notice be disclosed only on the following grounds:
-Conformity with a law or legal process served on the DDC or the web site;
-To protect and defend the rights or property of the DDC;
-Act under exigent circumstances to protect t the personal safety of users of DDC.
The web site shall make use of “cookies” to personalise your experience online. A “cookie” is a text file that is placed on your hard disk by a Web page server. “Cookies” cannot be used to deliver viruses or run programs. “Cookies” will be uniquely assigned to you and can only be read by a web server in the domain that issued the “cookie” to you. “Cookies” are a feature of convenience only and informs the web server that you have returned to a specific page. The user shall at all times have the right to accept or decline cookies.
In the event of any disputes, such dispute shall first be referred to the Trading Platform Committee of the DDC, failing which, the dispute may be referred to the Arbitration Committee for adjudication. The dispute shall fall within the exclusive jurisdiction of the DDC.
15. Personal Information
The DDC herewith warrants that the user’s personal information will not be for any unauthorised use or disclosure. Any personal information received by the DDC shall be kept in a controlled, secure environment, protected from unauthorised access, use or disclosure. In the event of personal information (such as credit card numbers) being transmitted to other Web sites, it is protected through the use of encryption, such as Secure Socket Layer (SSL) protocol.
16. Contact Information
Suite 102 S A Diamond Centre
225 Main Street