DGB (Proprietary) Limited
WEBSITE TERMS AND CONDITIONS OF USE
ACCESS TO, AND THE USE OF, THE CONTENT AND SERVICES AVAILABLE ON THE DGB WEBSITE, WHICH IS OWNED AND ADMINISTERED BY DGB IS STRICTLY IN TERMS OF THESE TERMS AND CONDITIONS DESCRIBED BELOW.
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE DGB WEBSITE OR ANY PART THEREOF IN TERMS OF SECTION 11(3) OF THE ECT ACT.
THE USER’S USAGE OF THE DGB WEBSITE CONSTITUTES UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF THE USER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, THE USER MUST LEAVE THE DGB WEBSITE IMMEDIATELY, AS FURTHER USE WILL BIND THE USER TO THESE TERMS AND CONDITIONS.
1.1 The following expressions shall bear the following meanings -
1.1.1. “DGB” means DGB (Proprietary) Limited, a private company incorporated in accordance with the laws of South Africa with registration number 1946/021311/07;
1.1.2 “DGB website” means the DGB website located at www.dgb.co.za and includes any portion thereof;
1.1.3 “ECT ACT” means the Electronic Communications and Transactions Act 25 of 2002; and
1.1.4 “User” means any person who accesses or uses the DGB website, which includes but is not limited to any page linked to the home page of the DGB website;
1.2 In these terms and conditions unless the context otherwise requires:
1.2.1 the masculine gender includes neuter and vice versa; and
1.2.2 the singular includes the plural and vice versa.
1,3 The clause headings to these terms and conditions have been inserted for convenience purposes only and shall not be used in its interpretation.
1.4 Where words or expressions are defined within a particular clause, other than this definition clause, those words or expressions shall bear the meaning ascribed to it in that clause wherever it is used in these terms and conditions.
2. Purpose and content of the website
The DGB website provides the User with information about DGB as a company and its products ("Company and Product Information”). The Company and Product Information constitute, and offer, information and insight into DGB and does not constitute an invitation to transact business unless clearly stated as such. Commercial use of the DGB website is strictly prohibited unless prior written consent is obtained from DGB.
3. Disclosures required in terms of section 43 of the ECT Act
The Company and Product Information made available on the DGB website is classified as “electronic transactions” in terms of the ECT Act and therefore DGB has the duty to disclose the following information -
3.1 The full name and legal status of the website owner: DGB (Proprietary) Limited (registration number 1946/021311/07);
3.2. Physical address: 724, 16th Road Randjespark, Midrand, 1685, South Africa
3.3 Telephone number: +27 11 653 1000
3.4 Fax number: +27 11 653 1101
3.5. Website address: www.dgb.co.za
3.6. Email address: firstname.lastname@example.org
3.7. Membership of self-regulatory or accreditation bodies: DGB is a founding member of the Association for Responsible Alcohol Use, details of which can be obtained from www.ara.co.za
3.8. Codes of Conduct to which DGB subscribes:
3.8.1 WIETA which can be viewed at http://www.wieta.org.za.
3.8.2 ARA which can be viewed at http://www.ara.co.za.
3.9. Physical address of receipt of legal service: 724, 16th Road Randjespark, Midrand, 1685, South Africa.
3.10. Main Business: DGB is an independent wine and spirit producer and distributor.
3.11. Management: Please refer to www.dgb.co.za.
3.13. Cooling off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act does not apply to this website.
3,14 Alternative Dispute Resolution: Subject to urgent and/or interim relief, all disputes regarding:
3.14.1 access to the DGB website;
3.14.2 the inability to access the DGB website;
3.14.3 the services and content available from the DGB website
3,14.3 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and binding on the all the parties, with no further right of appeal and the unsuccessful party shall be liable for the costs of the successful party on the scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from http://www.arbitration.co.za
3.15. Complaints: Users may lodge complaints concerning the DGB website at email@example.com.
5. Communications from DGB to the User
The User hereby expressly agree that DGB may send the User electronic communications relating to the DGB products from time to time, provided that the User will be given the opportunity to cancel his subscription to DGB's mailing list at any time upon written notification to DGB.
6. Copyright and intellectual property rights.
6.1 All intellectual property on the DGB website, including but not limited to all trademarks, patents, copyright, licences, content, trade names, logos, icons, service marks, design and layout, materials, texts, drawings, graphics, information, database rights, hyperlinks and data made available on the DGB website, are property of, or are licensed to, DGB (collectively "DGB website content"), and thus are protected by both South African and international intellectual property laws. Nothing contained on the DGB website or in these terms and conditions should be construed as granting the User any licence, right, title or interest to use the DGB website content without the prior written permission of DGB.
6.2 Accordingly, by accessing the DGB website and/or using any of the information, the User warrants that the DGB website content is solely for personal and non-commercial use, and that the User will not, without the prior written consent of DGB, copy, reproduce, transmit, distribute, sell, publish or in any other way disseminate or unlawfully use the DGB website content.
7. External links
7.1 Hypertext links to external websites may be provided for the User’s convenience. Such websites are, however, beyond the control of DGB and DGB does not endorse, approve of or make any representation regarding the content and any advice, opinions, products and services offered on such external websites. The User further acknowledges and agrees that DGB shall not be responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, goods or services available on or through any external websites. Use or reliance on any external websites is at the User's own risk. When visiting external websites please refer to such websites' terms and conditions of use.
7.2 The User acknowledges and agrees that DGB shall not be responsible or liable, in any manner whatsoever, for the access to or inability by the User to access the services and content available on or through such external websites.
No person, company or website may establish any hypertext links of whatever nature, without the consent of DGB and the appropriate hypertext link agreement being concluded with DGB.
8. Interception of communications
8.1 Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002, (“RICA”), the User expressly agrees to DGB’s right to intercept, block, read, delete, disclose and use all communications sent or posted by the User to the DGB website, DGB, its directors and employees.
8.2 The User acknowledges and agrees that the consent provided by the User in terms of these terms and conditions, satisfies the “writing” requirement as detained in the ECT Act and RICA.
9. Warranties and indemnification
9.1 By accessing the DGB website and accepting the pop-up "BY ENTERING THIS SITE YOU ACKNOWLEDGE YOU ARE OF LEGAL DRINKING AGE IN YOUR COUNTRY", the User warrants, in favour of DGB, that the User:
9.1.1 is of legal drinking age in his country therefore is legally entitled to access the DGB website and use the information presented on the DGB website;
Shall give accurate, true and correct instruction and information that relates to the User and has read, understood and accepted these terms and conditions;
is responsible for maintaining the secrecy of any passwords, login and account information;
9.1.2 shall not use the DGB website for any purpose that is unlawful or prohibited by these terms and conditions including, but not limited to, making any false or fraudulent representation; post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.;
9.1.3 shall observe all laws that may regulate the use of the DGB website in accordance with the laws and regulations of the relevant jurisdiction;
shall not obtain any information through any means not intentionally made available or provided for through the DGB website;
shall not use any information from the DGB website in any type of bulk communications, including, but not limited to, spam, junk mail, or chain letters; and
shall not introduce any viruses, spyware, malware, trojans or any other data or code with destructive or contaminating properties or anything of a nature which may damage, unreasonably burden, or interfere with, the DGB website, the systems on which it runs, or any other users of the DGB website, nor may the user attempt to gain access to any restricted areas of the DGB website without the express written permission of DGB.
9.2 While DGB makes every effort to ensure that all the information on the DGB website is reliable and does not pose any harm to the User, the DGB website and the information is provided "as is" and DGB makes no representations and provides no warranties or guarantees of whatever nature regarding the DGB website and/or the information. Without derogating from the foregoing, DGB does not make any warranties or representations that:
9.2.1, the content and services available on the DGB Website shall be true, accurate and free of errors;
9.2.2 the DGB website meets the individual requirements and is compatible with the User’s computer hardware and/or software; and
9.2.3 the content and services shall be available at all times.
9.3 The User acknowledges that the DGB website may be unavailable to circumstances due to periodic content updates, software updates and/or other factors beyond its reasonable control, which includes but is not limited to virus infections, unauthorized access by third parties, power failures, or “acts of God”.
To the extent permitted by law, the User indemnifies DGB and any of its associates against liability for any damage, loss or claim of whatever nature arising from the use, or inability to use, the DGB website, the content, or the services provided from and through the DGB website.
The user indemnifies DGB against any loss, damage, or claim which is suffered by the User or any third party arising in any way from the use of the DGB website or the receipt of an electronic mail from DGB or one that purports to emanate from DGB.
10. Limitation of liability
10.2 The User shall use the DGB website at his own risk.
10.1 Subject to the provisions of sections 43 (5) and (6) of the ECT Act, DGB, its shareholders, directors, employees, suppliers, affiliates, agents and internet service providers, shall not be liable for for any direct, indirect, punitive, incidental, special or consequential damage, loss, claim or injury of whatever nature and howsoever caused by, including, but not limited to:
the use of, or reliance upon, any material or content contained in the DGB website or any hypertext link to external websites
10.1.1any errors, omissions, interruption, delay or corruption of the information
10.1.2 any unavailability or non-performance of the DGB website or services for whatever reason, including the failure or delay by any third party service providers to render any service necessary to ensure the availability and performance of the DGB website;
10.1.3 any computer virus or other illicit or malicious computer program that attaches itself to and infects, corrupts or destroys other programs or systems;
10.1.5 any interception or disclosure of any information by third parties,
Even if DGB was aware or has been advised of the possibility of such damage, loss, or claim.
It is also recorded that any information detailed on the DGB website is not deemed as professional advice or instruction of any nature.
11. Removals, correction and amendments to the content.
11.1 DGB undertakes to remove and/or correct and/or amend such content or any part thereof reported by the User, which are proven by the User on reasonable grounds to be untrue, defamatory, inaccurate, illegal or harmful.
11.2 Notwithstanding anything to the contrary, DGB expressly reserves the right, in its sole and absolute discretion to:
11.2.1 amend or replace these terms and conditions in its entirety which amendments or replacement will have immediate effect once posted on the DGB website;
11.2.2 change the content and/or services available from the DGB website;
11.2.3 change any hardware or software required to gain access and use of the DGB website;
11.2.3 discontinue any part or services of the DGB website, without any prior notice to Users or any other third party.
If any User uses the content from the DGB Website in breach of these terms and conditions, then DGB shall have the right to:
12.1 claim damages from the User;
12.2 institute criminal proceedings;
12.3 exercise any other right granted to it in terms of these terms and conditions or South African law.
13.1 These terms and conditions constitute the entire agreement between DGB and the User and take precedence over any disclaimers and/or legal notices attached to any communications, unless expressly excluded.
13.2 DGB shall not be bound to any undertakings, representations, warranties, promises or the like not recorded in these terms and conditions.
13.3 Any failure by DGB to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.4 DGB and the User agree that:
13.4.1 the User shall be bound to these terms and conditions and such agreement is concluded in Johannesburg, South Africa at the time the User enters the DGB website for the first time;
13.4.2 data messages (as defined in the ECT Act) (“Data Messages”) addressed by the User to DGB shall only be deemed to be received if and when responded to;
13.4.3 Data Messages addressed by DGB to the User shall be deemed to be received by the User as set out in section 23(b) of the ECT Act;
13.4.4 Data Messages addressed by the User to DGB shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
13.4.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and DGB;
13.4.6 the User warrants and agrees that Data Messages that are sent to DGB from a computer, IP address or mobile device normally used by or owned by User, was sent and/or authorized by the User personally, unless the contrary is proved.
Copyright © 2010 DGB (Proprietary) Limited. All Rights Reserved.
2. DGB may electronically collect, collate process, store and use the following information of Users:
2.1 full name and surnames;
2.2 personal and work contact details;
2.3 email address;
2.4 IP address:
2.5 non-personal browsing habits and click patterns;
3. DGB collect, collate, process, store and use the information in 2 above, for the following purposes (“Disclosed Purposes”):
3.1 compile non-personal statistical information about browsing patterns, click patterns and access to the DGB Website;
3.2 communicate requested information to the User;
3.3 registration and/or authentication of Users;
3.4 compile a database of potential clients;
4. Information referred to above is either provided voluntarily by the User, through electronic surveys, the registration process or electronically by using cookies.
5. DGB may collect, collate, process, store, disclose and sell any information collected from the User, subject to the following provisions:
5.1 DGB shall not disclose any Personal Information of a User, without their prior consent, unless required or permitted by law;
5.2 DGB shall not use the Personal Information of a User, for any other purpose than the Disclosed Purposes, unless User gives their express prior written consent;
5.3 DGB may compile, use and share any information that does not relate to any specific individual User.
6. DGB shall own and retain all rights to non-personal statistical information collected and compiled by DGB.
THE PROMOTION OF ACCESS TO INFORMATION ACT
SECTION 51 MANUAL FOR DGB (PTY) LTD
A. Information required under Section 51(1) (a) of the Act
Information Officer: Frank Julyan
Postal address: P O Box 7896, Halfway House, 1685
Street address: 724 16th Road, Randjespark, Midrand, 1685
Telephone number: (011) 653 1000
Fax number: (011) 653 1105
E-mail address: firstname.lastname@example.org
B. Description of the guide referred to in Section 10: Section 51(1)(b)
A guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right contemplated by PAIA. It is available in English.
The Guide is available for inspection, inter alia, at the offices of the Human Rights Commission at 29 Princess of Wales Terrace, cnr York and St. Andrews Street, Parktown and on its website at www.sahrc.org.za.
C. Latest notice in terms of Section 52(2) of records which are available without a person having to request access in terms of this Act : Section 51(1)(c)
· The website www.dgb.co.za
· At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.
D. Records available in terms of other legislation: Section 51(1)(d)
Records available in terms of other legislation are as follows:
Labour Relations Act 66 of 1995
Employment Equity Act 55 of 1998
Basic Conditions of Employment Act 75 of 1997
Compensation for Occupational Injuries and Disease Act 130 of 1993
Unemployment Insurance Act 63 of 2001
Value added Tax Act 89 of 1991
Income Tax Act 58 o 1962
Skills Development Act 9 of 1999
Liquor Act 59 of 2003
Consumer Protection Act 68 of 2008
Liquor Products Act 60 of 1989
Occupation Health and Safety Act
Manpower Training Act 1981
Trademarks Act 184 of 1993
Customs and Excise Act 91 of 1964
E. Subjects and categories of records held by DGB (Pty) Ltd: Section 51(1)(e)
1. Companies Act
· Documents of incorporation
· Memorandum and Articles of Association
· Minutes of Board of Directors’ meetings
· Minutes of Shareholders’ meetings
· Records relating to the appointment of directors/auditor and other officers
· Share Register and other statutory registers
2. Financial records
· Annual Financial Statements
· Tax Returns
· VAT Returns
· Management Accounts
· Accounting Records
· Banking Records
· Bank Statements
· Electronic banking records
· Paid cheques
· Asset Register
· Rental Agreements
· Credit Notes
· Proof of Deliveries
· Independent agent contracts
· Supplier contracts
· Service Level Agreements
3. Income Tax records
· PAYE Records
· Documents issued to employees for income tax purposes
· IRP 5 documents
· Records of IT88 payments to SARS
· All other statutory compliances:
o Skills Development Levies
o Workmen’s Compensation
4. Personnel Documents and Records
· Employment contracts
· Medical Aid records
· Retirement Fund records
· Provident Fund records
· Disciplinary records
· Salary records
· Disciplinary code
· Code of ethics
· Employee Handbook
· Leave records
· Training records
· Training manuals
F. Detail on how to make a request for access: Section 51(1)(e)
1. The requester must complete the attached Form C and submit this form together with a request fee, to the Information Officer of DGB (Pty) Ltd.
2. The form must be submitted to the Information Officer at the postal address, fax or e-mail address as provided in this document.
3. The form must:
a. Provide sufficient particulars to enable the CEO to identify the record/s requested,
b. Provide sufficient particulars to identify the requester,
c. Indicate which form of access is required.
d. Specify a postal address of fax number of the requester in the Republic,
e. Identify the right that the requester is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right,
f. If in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner,
g. If the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the Information Officer of DGB (Pty) Ltd.
G. Fees payable for the request
Currently, the same costs for accessing the records of a public body will apply for requests to DGB (Pty) Ltd. The costs will be determined based on Part II of Regulation 187 published in the Government Gazette on 15 February 2002 or any latest revision of this Regulation with regards to costs for accessing records.
H. Remedies available for requesters if their request for information has been refused
It is to be noted that Chapter 4 (Grounds for refusal of access to records) of the Promotion of Access to Information Act, will be used as a guide to determine the release of records or information to a requester.
Should a requester be aggrieved by a refusal of access to information by the Information Officer of DGB (Pty) Ltd, the requester may apply to a court (as defined in the Act), for appropriate relief in terms of Section 82 of the Act.
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000)
A. Particulars of private body
B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record must be given below.
(b) The address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname:
Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.
Full names and surname:
D. Particulars of record
(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form.
The requester must sign all the additional follows.
1 Description of record or relevant part of the record:
2 Reference number, if available:
3 Any further particulars of record:
(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be paid as the request fee.
(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees:
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Form in which record is required
Mark the appropriate box with an X.
(a) Compliance with your request in the specified form may depend on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
(c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form:
copy of record*
inspection of record
2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
view the images
copy of the images"
transcription of the images*
3. If record consists of recorded words or information which can be reproduced in sound:
listen to the soundtrack
transcription of soundtrack*
written or printed document
4. If record is held on computer or in an electronic or machine-readable form:
printed copy of record*
printed copy of information
derived from the record"
copy in computer readable form*
(stiffy or compact disc)
'If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
Postage is payable.
G Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected:
2. Explain why the record requested is required for the exercise or protection of the aforementioned right:
H. Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.