TERMS & CONDITIONS OF USE
Domestic DIY (Pty) Ltd (“Domestic DIY”) is the owner and publisher of www.domesticdiy.co.za (“the / this Website”).
These terms and conditions govern your use of this Website are divided into the following parts:
By using the Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.
If you register with the Website, buy any product or service from the Website, or download any document or content from the Website, you will be asked to expressly agree to these terms and conditions.
(A) DISCLAIMER OF LIABILITY
(1) Legal information
Much of the information contained on the Website consists of summaries of complex legal issues. Legal and factual details and nuances are inevitably omitted from such summaries. Particular circumstances often radically affect the law as well as the way it is applied. The law also changes regularly, and legal information is always at risk of becoming out-of-date.
You should therefore never apply the legal information contained on this Website to your own situation without conducting additional research or engaging the services of an attorney where necessary, nor should you assume that all the relevant legal material has been included on the Website.
For all of these reasons and more, the information contained on the Website does not constitute legal advice and is subject to independent confirmation.
Consequently, to the extent that you have any uncertainty or concern in relation to any course of action involving your domestic worker or any other person(s), it is recommend that you take professional legal advice before embarking upon any course of action (or omitting to take any action) that has or may have legal implications.
(2) Limitations and exclusions of liability
Although Domestic DIY has taken all reasonable care to ensure that the information and documents provided on the Website are accurate, it gives no warranties with regard to the accuracy, veracity, timeliness or completeness of any of the information and/or documents provided.
Domestic DIY shall have no liability whatsoever arising out of, or in connection with, your use or inability to use the Website, including the information and/or documents provided, or in connection with any error, omission, defect, computer virus or system failure, or in connection with the access of, use of, performance of, browsing in or linking to documents or other websites from this Website.
By using this Website and/or accepting these terms and conditions, you hereby indemnify Domestic DIY, its directors, agents, employees, administrators, executors and assigns, against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused, whether arising under contract, delict, by operation of law, equity or otherwise and whether the loss was actually foreseen or reasonably foreseeable, arising out of your use of the Website, the documents available for download, or the online services or the information contained on the Website or your inability to use the Website or the online services.
(3) Third-party content
You acknowledge that some of the information published on the Website may be submitted or provided by users and other third-parties, and that Domestic DIY does not review, approve or take editorial responsibility such information.
(4) Website availability
From time to time the Website or features of the Website will be unavailable. Such unavailability may be the result of defects in the Website software, scheduled or emergency maintenance procedures, or failures of third-party service providers.
Domestic DIY does not commit to ensuring that the Website will be available at any particular time. Furthermore, Domestic DIY does not commit to ensure that the Website will continue to be published in the future.
(5) Notification services
The notification services that Domestic DIY provides are primarily intended to highlight changes in the law that may affect your domestic worker.
These notification services are not intended to be comprehensive, and they should not be treated as a comprehensive legal update. Domestic DIY may discontinue the notification services at any time in its sole and absolute discretion.
(B) TERMS & CONDITIONS OF USE
(6) License to use website & documents
Unless otherwise stated, Domestic DIY or its licensors own the intellectual property rights in the website and material available on the website, including the documents that are available for download. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website and/or the documents made available on the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may not: (a) republish material from this Website (including republication on another website); (b) sell, rent or sub-license material from the Website; (c) show any material from the Website in public; (d) reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose; (e) edit or otherwise modify any material on the Website; or (f) redistribute material from this Website, except for content specifically and expressly made available for redistribution (such as our public interest notifications / newsletters and the downloadable PDF version of the domestic worker compliance manual referred to below).
You shall further be required to maintain the copyright footnotes and the “Credit” clause present on the documents / templates that are available to you by virtue of your membership.
The above restrictions do not apply to the forms published by the Department of Labour and Health which are freely available for downloadable on the website. These forms are in any event publicly available on the Department of Labour’s website (www.labour.gov.za)
The downloadable PDF version of the domestic worker manual itself may be distributed in terms of a Creative Commons CC BY-NC-ND 4.0 license which is available here: https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode. You hereby agree to the terms of this license in respect of the downloadable version of the manual.
The downloadable documents marked with the DomesticDIY copyright may not be distributed and can only be used for personal use. Any distribution of these documents will constitute a copyright infringement and may give rise to a claim for damages and/or reasonable royalties against any person / entity who publishes that document.
(7) Acceptable use
You may not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of Domestic DIY. You may not use the Website to transmit or send unsolicited commercial communication. You may not use the Website for any purposes related to marketing without the express written consent of Domestic DIY.
(8) Restricted access
Access to certain areas of the Website is restricted. Domestic DIY reserves the right to restrict access to other areas of the Website, or indeed the whole website, at its sole and absolute discretion.
If Domestic DIY provides you with or you generate a password to enable you to access restricted areas of the Website or other content or services, you must ensure that that password is kept confidential. You must notify Domestic DIY in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on the Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person’s user ID and password to access the Website. Domestic DIY may disable your account on the Website in its sole and absolute discretion without notice or explanation.
(9) Third-party websites
The Website includes hyperlinks to other websites owned and operated by third-parties. These links are not recommendations. Domestic DIY has no control over the contents of third-party websites, and it accepts no responsibility for them or for any loss or damage that may arise from your use of them.
(10) Intellectual property rights
Domestic DIY owns the intellectual property rights to the information and legal templates available on this website (including copyright). Subject to the license above, all of the intellectual property rights of Domestic DIY are strictly reserved.
(C) TERMS & CONDITIONS OF MEMBERSHIP
(11) Memberships
The website operates a ‘freemium’ model where access to the information contained in the domestic worker manual is provided free of charge but certain of the documents referred to therein may be downloaded for a fee that is determined by Domestic DIY from time to time.
The terms and conditions in this Part apply between Domestic DIY and all of its users, including freemium users and paying users. Users must create a membership account before they will be permitted to download any of the documents available for download on the Website (be they free or paid).
The use of a membership account on the Website shall be limited to natural persons. Members must ensure that no other persons use, or have access to, their accounts on the Website.
A membership shall begin at the time and on the day that Domestic DIY registers a user and grants him/her access to the Domestic DIY member services, including the ability to download documents, and shall continue until terminated in accordance with this Part.
Domestic DIY may in its absolute discretion refuse any application for membership or terminate a member’s membership (see below).
(12) Charges, payments and credits
Freemium members are granted free limited access to the Website, including the ability to download certain documents, subject to signing up and agreeing to these terms and conditions. Domestic DIY may vary the access granted to freemium members or discontinue access altogether in its sole and absolute discretion at any time.
Paying members are granted additional access to the Website including the ability to access template documents that can be downloaded and amended as needed. This is also subject to signing up and agreeing to these terms and conditions.
The applicable charges shall depend on the document that the paying member wishes to download and the applicability of any discount codes that may apply.
Domestic DIY may vary the charges applicable to each document in its sole and absolute discretion at any time, by posting the varied charges on the Website. If the member does not wish to pay charges at the new level, the member shall not have any entitlement to the document notwithstanding any previous download of the same document.
Domestic DIY may vary or terminate applicable discount codes in its sole and absolute discretion.
(13) Termination of membership
Memberships may be terminated: (a) by the member at any time giving Domestic DIY written notice of termination; (b) by Domestic DIY giving written notice to the member; or (c) if the member fails to pay any applicable charges on the due date, or breaches any provision of these terms and conditions, or breaches the terms of any other contract between Domestic DIY and the member – by Domestic DIY giving immediate written notice to the member.
Domestic DIY may, at its sole an absolute discretion, terminate a member’s membership without prior written notice to him/her.
If a membership is terminated (for whatever reason and on whatever basis) the member shall not be entitled to any refund of any amounts paid to Domestic DIY before such termination, nor shall the member be released from liability to pay any amounts that were overdue for payment as at the date of termination.
(D) PRIVACY
(14) Personal Information
Personal Information is information that can be used to identify you, like your name, surname, email address and ID number.
You hereby consent to the processing of your personal information in order to allow Domestic DIY to:-
You further consent to Domestic DIY sharing your personal information with:-
(15) Cookies
This Website uses cookies. By using this Website and agreeing to these terms and conditions, you consent to Domestic DIY’s use of cookies.
(E) GENERAL PROVISIONS
(16) Breaches of these terms and conditions
Without prejudice to Domestic DIY’s other rights, if you breach these terms and conditions of use in any way, or if Domestic DIY reasonably suspects that you have breached these terms and conditions of use in any way, it may: (a) send you one or more formal warnings; (b) temporarily suspend your access to the Website; (c) permanently prohibit you from accessing the Website; (d) block computers using your IP address from accessing the Website; (e) contact your internet services provider and request that they block your access to the Website; (f) bring court proceedings against you for breach of contract or otherwise; (g) suspend and/or delete your account with the Website; and/or (h) delete and/or edit any or all of your content.
Where Domestic DIY suspends or prohibits or blocks your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(17) Variation
Domestic DIY may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website.
(18) Assignment
You hereby agree that Domestic DIY may cede, delegate and/or assign or all of its rights and/or obligations under these terms and conditions. You may not cede, delegate and/or assign or otherwise deal with your rights and/or obligations under these terms and conditions without obtaining the prior written consent of Domestic DIY.
(19) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(20) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the Law of South Africa, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the relevant South African Court’s and/or tribunals.
