Terms of Use

These terms were last updated on: 27 May 2022.

DigiRail (https://www.digirail.com/) is a website (the “Site”) owned by Dynamic Visual Technologies (Pty) Ltd.

These Terms of Use, together with any documents they refer to, govern your access to and use of our Site, whether as a guest or a registered user. Use of our Site includes accessing and browsing the Site, submitting articles, posting comments, signing up to receive newsletters and RSS feeds and any other functionalities we may offer on the Site from time to time.

Please read these Terms of Use carefully before you start to use our Site, as these will apply to your use of our Site. By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Site.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DigiRail, its licensors, or other providers of such material and are protected by intellectual property laws around the world (including copyright laws and treaties). All such rights are reserved.

These Terms of Use grant you access to use the Site. You may access the material on the Site only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the Site that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the Site.

You must not:

• Modify copies of any materials from this site (whether paper or digital).
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Reverse-engineer or otherwise attempt to steal the software code of the Site.
• Use any part of the content on our Site for commercial purposes without prior written permission.
• Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Linking to Website and Social Media Features

 

You may link to our homepage or other pages on the Site provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part. This Site may provide certain social media features that enable you to:

• Link to the Site from your own or third-party website
• Send e-mails or communications with Site content or links to Site content
• Cause portions of Site content to display or appear on your own or third-party websites

You may use these features solely as they are provided by the Site, and solely with respect to the Site content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Our Site may not be framed on any other site without our prior permission. We reserve the right to withdraw linking permission without notice.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable law or regulation.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate DigiRail, a DigiRail employee, another user, or any other person or entity (including, without limitation, by using their e-mail addresses or screen names).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm DigiRail or users of the Site or expose them to liability.
• To monitor, scrape, index, or otherwise copy any of the material on the Site by means of any robot, spider, or other automatic device, process, or means, regardless of whether such use may be considered a fair use under copyright law.

Additionally, you agree not to interfere with or attempt to interfere with the proper working of the Site, including but not limited to:

• Use the Site in a manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
• Use any device, software or routine that interferes with the proper working of the Site;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or
• Attack the Site via a denial-of-service attack or distributed denial-of-service attack.

Engaging in a prohibited use of the Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Disclaimer and Limitation on Liability

The Site and any information, products, or services therein are provided on an “as is” and “as available” basis, and without any warranties of any kind, either express or implied. Insofar as permitted in law, DigiRail hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

DigiRail does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of the Site or information obtained from or through the Site is at your own risk.

Insofar as permitted in law, in no event will DigiRail, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, however arising, in connection with your use, or inability to use, the Site, any websites linked to the Site, any content on the Site or such other websites or any services obtained through the Site or such other websites, including any direct, indirect, special, incidental and consequential damages, including but not limited to, personal injury, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, and even if foreseeable.

Applicable Law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Waiver and Severability

No waiver of by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.