General: The Debt Counselling Industry CC registration number 2011/062767/23 ("theDCI") provides a storage facility in terms of the regulations to the National Credit Act, a forum for discussion and event listings for debt counsellors and other participants in the debt counselling industry and various additional online services, ("the Service") subject to the following Terms and Conditions of Use ("Terms") contained in this agreement.
Acceptance of Terms and application thereof
This agreement commences when:
You register to use the service,
You get access to be able to use any of the Service,
You actually use any of the Service.
Other terms and conditions that also apply to you
This agreement applies along with the other terms and conditions and guidelines which might apply to a particular service or product if applicable.
You must read this agreement together with all these other relevant terms and conditions.
If there is a conflict (difference) between this agreement and any other terms and conditions, the provisions of the other service and product terms and conditions will apply. If the conflict relates to the use of the Service, this agreement applies.
You must comply with user guidelines theDCI publishes relating to the Service
For your protection, you must comply with theDCI guidelines posted in relation to the Service from time to time and you agree to read and familiarise yourself with the guidelines posted each time you visit the website.
How theDCI makes terms and conditions, guidelines and other information available to you
From time to time theDCI may modify or otherwise alter these Terms (either by amending these Terms or by posting guidelines) and you must follow the instructions of theDCI and regularly read the Terms and guidelines as they form part of the agreement between theDCI and yourself.
The most recent version of these Terms are available at http://www.theDCI.co.za/terms.php. and the guidelines can be accessed at (Guidelines)
If for any reason you are unable to access the Terms via the above address you must contact theDCI (contact details are available on the website) to get a copy of the Terms.
All Terms and guidelines that theDCI refers to are important. You must regularly read them carefully because they contain important contractual information.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated and should not be regarded as being sanctioned by theDCI.
You are entirely responsible for all Content that you post, email or otherwise make available via the Service.
You are responsible to ensure that all the necessary consents have been obtained from individuals and/or third parties prior to the posting or disclosure of such information. theDCI shall be entitled to at any stage request proof thereof.
You understand that theDCI does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable.
theDCI Is not responsible for links to third-party sites, its content or for the third party's actions or omissions, or its goods or services
For your convenience only, the Service may allow you to view or access third party websites or content or purchase content, products or services provided by third parties.
Even though theDCI may make third party websites, content or products or services available to you, we do not endorse or recommend the third party or its products or services (save for the insurance specifically offered to debt counsellors on the website) and theDCI makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other sites is at your own risk. You alone are responsible for deciding whether the third party or its products or services meet your requirements. Terms and conditions and rules may apply to those products and form an agreement between you and the third party. You alone are responsible for obtaining the terms and conditions or rules that apply to you and the products or services offered by the third party.
theDCI has no control over such third parties or their products or services. We are not a party to any disputes between you and the third party. You alone are responsible for ensuring that any transactions you make on these third party sites are lawful.
We are not responsible to you for any loss or damage you suffer, whether directly or indirectly, because of a third party or its products or services or your use of the products or services. You alone take the risk of using or purchasing third party products or services.
You hereby agree to indemnify and hold theDCI and its employees harmless for any loss or damage you may suffer, or cause, in this regard.
Notification Of Claims Of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify theDCI's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@theDCI.co.za.
In order to facilitate the matter the following information must be provided:
Identification of the infringing material on the theDCI site, with enough detail so that it may be located on the web site;
A statement sworn before a commissioner of oaths by you that:
you have a genuine and honest belief in good faith that the disputed use is not authorised by the copyright owner, its agent, or the law;
you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner
Your physical address, telephone number, electronic signature and email address.
theDCI will investigate any proper notification received and may remove the infringing posting(s), subject to the procedures outlined in the Copyright Act No 98 of 1978 and the Electronic Communications and Transactions Act No 25 of 2002 (as amended).
Privacy And Information Disclosure
It is specifically recorded that all information of a third party is confidential and should be treated as such and may not be disclosed to any third party irrespective of whether that party operates within the debt counselling industry or not unless such party has properly registered with theDCI and the necessary consents have been obtained from the third party whose information is sought to be disclosed.
All necessary consents from third parties must be obtained prior to make any third party information available on the site.
You agree not to post, email, or otherwise make available Content that:
is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, or is harmful to minors in any way;
is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
in any notice or advertisement for the sale or rental of any dwelling, discriminates based on race, colour, national origin, religion, sex, familial status or handicap;
impersonates any person or entity, including, but not limited to: an employee of theDCI or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures);
includes personal or identifying information about another person without that person's explicit consent;
is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement;
constitutes or contains any form of advertising or solicitation if posted in areas of theDCI sites which are not designated for such purposes; or emailed to theDCI users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
includes links to commercial services or web sites, except as allowed in "services";
advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality, or harm in any other way, any computer software or hardware or telecommunications equipment;
disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by theDCI in writing;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
attempt to gain unauthorised access to theDCI's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or theDCI web site; or
use any form of automated device or computer program that enables the submission of postings on theDCI without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to theDCI email addresses or through theDCI computer systems is expressly prohibited.
Any unauthorized use of theDCI computer systems is a violation of these Terms.
Such violations may subject the sender and/or his or her agents to civil and criminal penalties.
Limitations On The Service
You acknowledge that theDCI may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.
You agree that theDCI has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
You acknowledge that theDCI reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that theDCI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Access To The Service
theDCI grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.
This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by theDCI. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose Internet search engine" does not include a web site or search engine or other service that specialises in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
theDCI permits you to display on your web site, or create a hyperlink on your web site to, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).
If the total number of such postings displayed or linked to on your web site exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, unless express permission has been requested and granted by theDCI to do so.
You may also create a hyperlink to the home page of theDCI sites so long as the link does not portray theDCI, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorised access granted to you by theDCI immediately terminates said permission or license.
In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first request and obtain a license from theDCI.
Termination Of Service
You agree that theDCI, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if theDCI believes that you have acted inconsistently with the letter or spirit of the Terms.
Further, you agree that theDCI shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of theDCI.
You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of theDCI, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although theDCI does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to theDCI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you automatically grant theDCI all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
Disclaimer Of Warranties
theDCI has a disclaimer agreement to explain to you what theDCI will not be held liable for, the limitations on claims and the risks of using theDCI website a the following web address: http://www.theDCI.co.za
Please read the disclaimer published on the website.
The disclaimer forms part of this agreement with you.
Limitations Of Liability
Under no circumstances shall theDCI be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if theDCI has been advised of the possibility of such damages), resulting from any aspect of your use of the theDCI site or the Service, whether the damages arise from:
use or misuse of the theDCI site or the Service,
from inability to use the theDCI site or the service,
the interruption, suspension, modification, alteration, or termination of the theDCI site or the Service.
The limitations referred to above shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the theDCI site or the Service or any links on the theDCI site, as well as by reason of any information or advice received through or advertised in connection with the theDCI site or the Service or any links on the theDCI site.
All limitations shall apply to the fullest extent permitted by law.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold theDCI, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and theDCI and govern your use of the Service, superseding any prior agreements between you and theDCI.
The Terms and the relationship between you and theDCI shall be governed by the laws of your country without regard to its conflict of law provisions.
You and theDCI agree to submit to the personal and exclusive jurisdiction of the courts located within your city.
The failure of theDCI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violation Of Terms And Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to: abuse@theDCI.co.za.
The failure of theDCI to act with respect to a breach by you or others does not waive the right of theDCI to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for theDCI to pursue legal action to enforce these Terms, you will be liable to pay theDCI the following amounts as liquidated damages, which you accept as reasonable estimates of theDCIs' damages for the specified breaches of these Terms:
If you post a message that:
impersonates any person or entity;
falsely states or otherwise misrepresents your affiliation with a person or entity; or
includes personal or identifying information about another person without that person's explicit consent, you agree to pay theDCI a fine for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If theDCI establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay theDCI a fine for each message posted in excess of such limits or for each day on which you access theDCI in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to theDCI email addresses or through theDCI computer systems, you agree to pay theDCI a fine for each such email.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without theDCI's express written permission, you agree to pay theDCI a fine for each day on which you engage in such conduct.
Otherwise, you agree to pay theDCI's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, theDCI retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.