Terms And Conditions

Terms And Conditions

It is important to note that the use of this web site is subject to the Terms and Conditions of Use set out below.

By using this site the user agrees to observe and be legally bound by all Terms & Conditions of Use, including any privacy or other policies which may appear elsewhere on this web site, and by all applicable laws and regulations.

Use of this site

1. Use of this web site is at the sole risk of the user.

2. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this site for personal and non-commercial use.

3. Commercial use or other non-personal use may, at the discretion of Diwarius Trust ("DiwariusTrust"), be permitted upon request.

A request for permission can be submitted by e-mailing BabyDevelopmentNews.com

Contact information

4. Please submit any query in respect of these Terms & Conditions or the use of this web site to us in any of the following ways:

Web site owner: Diwarius Trust (Pty) Ltd, Registered Number IT10107/98

Trustees: M.W. Joubert, W.A. Joubert

ring us on +27 17 638 0367 (GMT + 02:00)

fax us at +27 17 638 1028

or, snail mail;

Diwarius Trust
P.O. Box 438
Trichardt 2300
Mpumalanga
South Africa

Any legal notices or process may be served on our domicilium address:

Diwarius Trust
56 Grey Street
Trichardt 2300
Mpumalanga
South Africa

No offer

5. This web site is intended only to provide information on Diwarius Trust's Baby Development News service. Nothing contained in this web site should be regarded by users as an offer to do business.

Disclaimers

6. This entire web site, including text, images, links and coding, is provided "as is" and "as available". Diwarius Trust makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the web site or the information contained in it.

7. While Diwarius Trust makes every effort to provide the best and most current information, users should not use information provided in this web site as a basis for action without consulting us directly.

8. While Diwarius Trust takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this site or by destructive data or code which is passed on to the user through the use of this site.

9. Diwarius Trust will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on this web site.

10. Diwarius Trust disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.

Copyright and Intellectual Property protection

11. Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by Diwarius Trust.

12. You may not modify, publish transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary or other material.

License

13. All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution

Warranty

14. All web sites, products and services are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Diwarius Trust does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the web sites, products, services or written materials in the terms of correctness, accuracy, reliability currentness or otherwise. The entire risk as to the results and performance of the web sites, products and services are assumed by you. If the web sites, products, services or written materials are defective, you, and not Diwarius Trust, assume the entire cost of all necessary servicing, repair or correction.

15. This is the only warrant of any kind, either express or implied, that is made by Diwarius Trust. No oral or written information or advice given by our company shall create a warranty or in any way increase the scope of this warranty, and you ay not rely on such information or advice to do so.

Customer Remedy

16. The entire responsibility of Diwarius Trust, and the purchaser's exclusive remedy, shall be a refund of the price paid or a replacement of our products, at our option.

Limitation & Exclusion of Liability

17. These warranties exclude all incidental or consequential damages. Diwarius Trust, and its suppliers, will not be liable for any damages whatsoever, or other pecuniary loss.

Confidentiality of communications

18. Any communication or material communicated to this web site or its owner through the medium of this web site will be treated as confidential unless otherwise agreed in writing.

19. Further information regarding the manner in which we respect your privacy is contained in our Privacy Policy.

Hyperlinks, deep links, advertising, framing

20. The express permission in writing of Diwarius Trust is required before any hyperlink other than to the Home Page of this web site is created. Permission, if granted, will be subject to the condition that the party linking to this site alerts users to the application of these terms and conditions.

Requests for permission can be done by filling in the form:

21. Permission to link to this web site is given without assumption of any liability. Diwarius Trust reserves the right to withdraw permission granted to link to this web site at any time and for any reason.

22. Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to.

Use of the sites or pages linked to is accordingly exclusively at the risk of the user.

23. The express permission in writing of Diwarius Trust, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed.

Requests for permission can be done by filling in the form:

What law governs this Agreement?

24. This web site is owned, hosted and maintained within the Republic of South Africa.

25. The user hereby agrees that the law applicable to this agreement, its interpretation and any matter or litigation arising from it will be governed by the law of South Africa.

26. Users of this web site are encouraged to familiarize themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.

Should users wish to find out more about the South African law which is applicable please contact your legal representative or visit the web site of a reputable SA law firm specializing in e- law.

Consent to jurisdiction

27. The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended.

Amendment of the terms and conditions of this Agreement

28. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time.

29. Diwarius Trust will attempt to give notice of any amendments, but reserves the right to effect binding amendments, additions or deletions without notice.

30. It therefore remains the sole responsibility of the user to acquaint themselves with these Terms and Conditions whenever using the site. Failure to do so may result in the user being bound by changes which have not been noted through revisiting these Terms & Conditions.

Enforceability of this Agreement

31. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.

32. These Terms of Use contain the record of the entire agreement between the user and Diwarius Trust.

33. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Diwarius Trust reserves all rights not expressly granted here