INTRODUCTION TO TERMS AND CONDITIONS

These terms and conditions apply between all Users of this website (including but not limited to Members) and Divergent Virtual Services, the owner(s) of this website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of Divergent Virtual Services products and services. Please read these terms and conditions carefully, as they affect your legal rights.

1. Acceptance of Terms

  1. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of Divergent Virtual Services Website or services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should cease using the Website immediately.
  2. Divergent Virtual Services reserves the right to change these terms and conditions without notice and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
  3. If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.

2. Definitions of Interpretations

  1. Throughout this terms and conditions, the following words will have the following meanings set against them:
    • “Advertising” - such individual media advertising campaign or marketing package that is purchased by the client from Divergent Virtual Services.
    • "Advertisement” - including display, classified, inserts, newsletters, directories, banners, mini-sites, button advertisements and any other announcement designed to publicly promote products and services offered by Divergent Virtual Services.
    • "Advertising Agency/Agent” – individual or company instructed to act on behalf of the client as an agent.
    • “Content” – any text, graphics, images, audio, video, software, data, compilations, page layout, underlying code and any form of information capable of being stored in a computer that appears on or form part of this Website.
    • “Client” – any individual or organization purchasing services offered by Divergent Virtual Services.
    • “DVServers” – any individual or organization who is a client to Divergent Virtual Services.
    • “Products” – physical copies of content in print form or otherwise including print copies of reports.
    • “Reports” – individual articles and reports available for download or viewing via the Website.
    • “Services” – collectively or individually as appropriate, any product or service provided by Divergent Virtual Services including but not limited to any services listed on the Website, Reports, Advertising and Products.
    • “Website” – the website owned by Divergent Virtual Services with URL: www.dvserv.co.za and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
  2. In these terms and conditions, unless the context requires a different interpretation:
    • The singular includes the plural and vice versa.
    • References to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions.
    • A reference to a person includes firms, companies, government entities, trusts and partnerships.
    • “Including” is understood to mean “including without limitation”.
    • Reference to any statutory provision includes any modification or amendment of it.
    • The headings and sub-headings do not form part of these Terms and Conditions.

3. Intellectual Property and Acceptable Use of Content

  1. Content is available via Divergent Virtual Services and this Website on a free of charge basis.
  2. All content included on the Website, unless uploaded by Users, Partners or as stated otherwise, is the property of Divergent Virtual Services, licensees or other relevant third parties. By continuing to use the Website, Users acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use trademark, logo or service mark displayed on the site without the owner’s prior written permission.
  3. Subject to clause 4 Divergent Virtual Services hereby grants to the Users a non-exclusive worldwide licence until Divergent Virtual Services may revoke such licence to download, store, use, reproduce, transmit, display, copy and provide access to content in the terms and conditions and at all times only for the Users own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
  4. Notwithstanding any other rights or remedies available to it, Divergent Virtual Services shall have the right to terminate any licence granted to any User or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence. Without prejudice to any rights granted herein, Divergent Virtual Services reserves the right to amend, edit or abbreviate or take down any Content at our discretion.

4. Prohibited Use of the Site by Users

  1. Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell, publish, distribute, or provide access to content for any other person, commercially exploit or use Content for any unlawful purpose.
  2. With regard to posting of User Generated Content and use of site more generally, Users may not use the Website for any of the following purposes:
    • In any way which causes, or may cause damage to the Website or interferes with any other person’s use or enjoyment of the Website.
    • In any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.

5. Availability of the Website and Disclaimers

  1. The Website and Services are provided “as is” and on an “as available” basis. Divergent Virtual Services gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by law, Divergent Services provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Divergent Services is under no obligation to update information on the Website.
  2. While Divergent Virtual Services uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Divergent Virtual Services give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Divergent Virtual Services accepts no liability for any disruption or non-availability of the website.
  4. Divergent Virtual Services reserves the right to alter, suspend or discontinue any part (or the whole of) the Website, including but not limited to, any product and/or services available. These Terms and Conditions shall continue to apply to modified version of the Website unless is expressly stated otherwise.

6. Limitation of Liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, Divergent Virtual Services accepts no liability for any of the following:
    • Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
    • Loss or corruption of any data, database or software.
    • Any special, indirect or consequential loss or damage.

7. Website Content and Services

  1. Except as otherwise expressly agreed to by Divergent Virtual Services in writing, information regarding Divergent Services is subject to change without notice.
  2. Information about Divergent Virtual Services products and services made available on and/or through the Website shall not constitute a representation, warranty or other commitment by Divergent Virtual Services with respect to any product or service unless otherwise expressly agreed to by Divergent Virtual Services in writing.
  3. Without limiting generality of the foregoing, Divergent Virtual Services hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.

8. Products and Services

  1. Users may purchase stand-alone products and/or services as the same are available via the Website and at such prices and on such supplemental conditions as are stated on the site.

9. Pricing

  1. Prices for any of Divergent Virtual Services products and services are subject to change without prior notice. Divergent Virtual Services aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
  2. The description and price of any service purchased hereunder will be confirmed in Divergent Virtual Services dispatch note and/or invoice or at point of payment if purchased remotely.

10. Payment Policy

  1. Unless specified herein or at point of purchase to the contrary, Divergent Virtual Services invoices for any service are due for payment 15 days from their date. Divergent Services reserve the right to charge interest on overdue amounts at the rate of 18% as at the due date.

11. General

  1. Dependence on Divergent Virtual Services’ services:
    The contents of any of Divergent Virtual Services’ service or the Website do not constitute advice and should not be relied on in taking, or refraining from taking any decision or action. Under no circumstances shall Divergent Virtual Services be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify Divergent Virtual Services against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
  2. Data Protection:
    Divergent Services may use personal information which Divergent Virtual Services hold about Users to provide Divergent Virtual Services products and services to Users, for credit control and market research purposes and to inform Divergent Services Users about Divergent Virtual Services products and services, legal developments and training sessions which we believe may be of interest to Users.
  3. Force Majeure:
    If by reason for labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, government restrictions or appropriation or other causes beyond the control of a party, such Divergent Virtual Services is unable to perform in whole or in part its obligations set forth in these terms, then Divergent Virtual Services shall be relieved of those obligations to the extent it is thereby unable to perform , and such inability to perform shall not make Divergent Virtual Services liable to any other party.
  4. Users may not transfer any of their rights under these terms and conditions to any other person. Divergent Services may transfer their rights under these terms and conditions where Divergent Virtual Services reasonably believes Users rights will not be affected.
  5. These terms and conditions may be varied by Divergent Virtual Services from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  6. These terms and conditions contain the whole agreement between parties relating to its subject matter and supersede all prior discussion, arrangements that might have taken place in relation to the terms and conditions.
  7. The Contracts (Right of Third Parties) Act shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  8. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  9. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy.
  10. Governing Law and Jurisdiction.