1. USAGE
1.1 The Offline Digital web site, http://www.OfflineDigital.com, is the registered property of OFFLINE DIGITAL (PTY) LTD, registration number: 2003/003799/07.
1.2. Any persons using the Offline Digital website for any reason whatsoever subject themselves to and agree to the terms and conditions and privacy policy of Offline Digital when accessing the web site as set out below.
1.3. This web site is only intended to provide the user with information regarding Offline Digital, its products and services.
1.4. Offline Digital expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.
1.5. Nothing on this web site shall be construed as an offer by Offline Digital to you, the user, but merely an invitation to do business.
2. PRIVACY POLICY
2.1 Offline Digital respects your privacy and cares about how information about you is used and shared. We appreciate your trust in this regard and assure you that we will make every effort to manage your information carefully, securely and sensibly. This notice describes our Privacy Policy. When you visit any Offline Digital web site, you are accepting the practices described in this Privacy Policy without qualification, so please read them carefully.
2.2 Information about our customers is an important part of our business. We may provide reports based on your information to other organisations, specifically within the communities created by our Web sites, but only for statistical purposes or to extend our service offering. Such information will generally pertain to specific web site activities and will not contain sensitive or confidential information. Any information shared by us will be made available to you on request, so that you may monitor our use of information gathered. We will not provide sensitive or confidential information about you to any third party, unless required to do so by operation of the law or if it pertains to any transaction or activity between you and the third party facilitated by the Offline Digital web site.
2.3 Some of examples of the above are -
2.3.1 Agents: We employ other companies and individuals to perform functions on our behalf. Examples include analysing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for any other purpose.
2.3.2 Business transfers: As we continue to develop our business, we might sell or buy assets.
2.3.3 Protection of parties: We release account and other personal information only if required to do so by law, or in terms of this document, other agreements, or to protect the rights, property, or safety of Offline Digital, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction and management.
2.3.4 Where you consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
2.4 Offline Digital gathers the following information via its web sites:
2.4.1 Information provided by you: We receive and store any information you enter on our web site or provided by you in any other way. You may choose not to provide certain information, but then you might not be able to take advantage of the many of features on our web sites. We use the information that you provide to continually improve our service offering to you by analysing the information and corresponding trends and the like that may be found. The quality of any analysis or activity based on information is of course dependant on the integrity of the information supplied. Offline Digital reserves the right to verify any information provided by you.
2.4.2 Information automatically gathered: We receive and store certain types of information whenever you interact with the web site.
2.4.3 E-mail communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open an e-mail from us. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers or to grow our customer base.
2.4.4 Information from other sources: To improve our service offering, we might receive information about you from other sources and add it to our information. The more information we have, the more we can tailor our service offering to meet market expectations.
3. INTELLECTUAL PROPERTY
3.1 COPYRIGHT
All content on this web site, including but not limited to, text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of Offline Digital or licensed to Offline Digital and as such, are protected from infringement by domestic and international legislation and treaties. Offline Digital expressly reserves all rights pertaining to such content.
3.2. COPYRIGHT COMPLAINTS
Offline Digital and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us by e-mail or post at the address below.
3.3. TRADEMARKS
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of, or licensed to Offline Digital, and as such are protected from infringement by domestic and international legislation and treaties.
3.3.1 Offline Digital and other marks indicated on the Offline Digital web sites are the trademarks or trade dress of Offline Digital. These and other Offline Digital graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Offline Digital.
3.3.2 Offline Digital trademarks and trade dress may not be used in connection with any product or service without the written consent of Offline Digital.
3.3.3 Offline Digital trademarks and trade dress may not be used or in any manner that is likely to cause confusion amongst its customers, or in any manner that disparages, prejudices or discredits Offline Digital.
3.3.4 All other trademarks not owned by Offline Digital or its subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Offline Digital.
4. ELECTRONIC COMMUNICATION
Offline Digital will communicate with you by email or by posting notices on this web site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically from time to time shall satisfy any legal requirement that such communications be "in writing".5.
5.LICENSES AND WEB SITE ACCESS
5.1 Offline Digital hereby grants you a limited license to access and make personal use of this web site provided that in making use of this web site you do not download, other than for page caching purposes. You are expressly prohibited from modifying any portion of this web site, whether in part or whole, except with the express written consent of Offline Digital or where the facility to download is expressly provided.
5.2 This license does not include any right of resale or commercial use of this web site or its contents. For the purposes of this clause 4, any collection and/or use of any listings and/or descriptions; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools for any commercial purpose is expressly prohibited unless stated otherwise.
5.3 It is expressly prohibited to frame or utilize framing techniques to enclose and/or mask any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Offline Digital and/or our affiliates without its express written consent.
5.4 It is expressly prohibited to use any meta tags or any other "hidden text" utilizing Offline Digital's name or trademarks without the express written consent of Offline Digital.
5.5 Any unauthorized use of this web site, its content or applications terminates the permission or license granted by Offline Digital. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Offline Digital provided the link does not portray Offline Digital, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
5.6 You may not use any Offline Digital logo or other proprietary graphic or trademark as part of the link without express written permission.
6. DISCLOSURES REQUIRED BY SECTION 43 OF THE SOUTH AFRICAN ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
6.1. The full name and legal status of the web site owner is: Offline Digital (Pty) Ltd, a Company having share capital registered in South Africa under the Registration Number 2003/003799/07.
6.2. The full address of the web site owner is Longkloof Studios, Annexe A, Darters Road, Gardens, Cape Town 8001.
6.3. Membership to self-regulatory or accreditation bodies: South African Tourism Services Association (SATSA) - www.satsa.com.
6.4. Legal persons: RYAN MORISON, JONATHAN SOREN JAABACK and CHARLES CHURCHILL BAXTER.
6.6. Physical address for receipt of legal service: Longkloof Studios, Annexe A, Darters Road, Gardens, Cape Town 8001.
6.7. Main business: Offline Digital develops and markets digital publishing software products.
7. TERMS OF AGREEMENT
7.1. RATIFICATION: You agree that by visiting or using Offline Digital or any other Offline Digital web site that you are authorised to bind yourself or the legal entity you represent and do so bind yourself or the legal entity you represent to this Agreement, by any national and/or international conventions.
7.2. LEGAL ENTITY: Any account registered on this web site must be held in your name or the name of a legal entity you represent. In the event that the account is registered in the name of a natural person, the person must provide his or her national identity, social security or like number if required to do so. If the account is to be held in the name of a juristic person, the entity must provide its unique registration or like number.
7.3. SERVICES: You acknowledge that you have the necessary knowledge and infrastructure to use the Offline Digital web site and services. You further acknowledge that Offline Digital is not required to provide any information or other services not specifically related to the Offline Digital web site and services.
7.4. LAWFUL PURPOSE: You may only use the Offline Digital web sites and the services pertaining thereto for lawful purposes as defined by the legislation of the Republic of South Africa and international conventions. Where a conflict between such laws and regulations exist, the laws and regulations of the Republic of South Africa shall prevail. Use and transmission of any material in violation of any international, national or local regulation or law is prohibited. This includes, but is not limited to intellectual property, material legally judged to be threatening or obscene, pornography or information protected by trade secrets.
7.5. DISPUTE RESOLUTION: You may lodge a complaint at the Consumer Affairs Committee if Offline Digital does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.
8. COMMUNICATIONS AND OTHER CONTENT
8.1 You may send content and other communications provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. Offline Digital reserves the right to remove or edit such content in its sole discretion.
8.2 You hereby represent and warrant that you own or otherwise control all of the rights to the content that you post on this web site; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify Offline Digital or its affiliates from all and any claims resulting from content you supply to Offline Digital. Offline Digital shall not be held responsible or liable for any content posted on the Offline Digital web sites.
9. THIRD PARTY LINKS
Parties other than Offline Digital and its subsidiaries may provide content on this web site form time-to-time. In addition, we provide links to the web sites of affiliated and certain other organisations. Offline Digital will not be responsible for examining or evaluating the content of, and we do not warrant the offerings of any of these organisations or their Web sites. Offline Digital does not assume any responsibility or liability for the actions, product, and content of all these and any other third party Web sites. You should carefully review their privacy statements and other conditions of use.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Offline Digital shall not 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. Furthermore, Offline Digital 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.
10.2 This web site 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 Offline Digital 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.
10.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Offline Digital and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
10.4 All items purchased from Offline Digital are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Offline Digital to such agents upon delivery of any item to such carrier.
10.5 Neither Offline Digital 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.
11. GOVERNING LAW
This web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or liability to use this web site and these terms and conditions.
12. NON-WAIVER
The failure of Offline Digital to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
13. VARIATION AND SEVERABILITY
13.1 Please review our other policies related this web site.
13.2 Offline Digital reserves the right to amend or make changes to this web site, its policies, and this Agreement at any time. You are required to visit this web site regularly in order to acquaint yourself with any changes or amendments made to this web site, its policies and this Agreement.
13.3 No variation to this Agreement shall be enforceable unless such variation is published on this web site by Offline Digital.
13.4 In the event that any clause in this Agreement is deemed to be invalid, void, or for any reason unenforceable, that clause shall be deemed severable and shall not affect the validity and/or enforceability of any remaining term or condition.
14. INFORMATION SECURITY
14.1 It is important for you to prevent unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
15. CONDITIONS OF USE, NOTICES, AND REVISIONS
If you choose to visit any Offline Digital web site, your visit and any dispute over privacy is subject to this Privacy Notice and our Conditions of Use. If you have any concern about privacy at any Offline Digital Web site, please send us a thorough description of your concern to info@OfflineDigital.com and we will try to resolve it. Use of information that we gather now is subject to the Privacy Notice in effect at the time of use of such information. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to do so, but you should check our web site frequently to acquaint yourself with recent changes and/or amendments.
16. CONTACT INFORMATION
If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
Street Address:
Offline Digital (Pty) Ltd
Longkloof Studios,
Annexe A
Darters Road
Cape Town
8001
Phone: 021 467 5400
Fax: 021 424 0367
Email: info@offlinedigital.com