Terms And Conditions
It is important to note that the use ofthis web site is subject to the Terms and Conditions of Useset out below.
By using this site the user agrees to observe and belegally bound by all Terms & Conditions of Use, includingany privacy or other policies which may appear elsewhere onthis web site, and by all applicable laws andregulations.
Use of this site
1. Use of this web site is at the sole risk of theuser.
2. Unless otherwise indicated, users are welcome to copy,download or print out any of the visible text or images onthis site for personal and non-commercial use.
3. Commercial use or other non-personal use may, at thediscretion of Diwarius Trust ("DiwariusTrust"), bepermitted upon request.
A request for permission can be submitted by e-mailingBabyDevelopmentNews.com
4. Please submit any query in respect of these Terms &Conditions or the use of this web site to us in any of thefollowing ways:
Web site owner: Diwarius Trust (Pty) Ltd, Registered Number IT10107/98
Trustees: M.W. Joubert, W.A. Joubertring us on +27 17 638 0367 (GMT + 02:00)fax us at +27 17 638 1028
or, snail mail;
P.O. Box 438
Any legal notices or process may be served on ourdomicilium address:
56 Grey Street
5. This web site is intended only to provide information on Diwarius Trust's Baby Development News service. Nothing contained in thisweb site should be regarded by users as an offer to do business.
6. This entire web site, including text, images, links andcoding, is provided "as is" and "as available". Diwarius Trust does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the web sites, products, services or written material 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. This publication is not intended and cannot be a substitute for proper professional, pediatric, remedial or occupational therapy advice. The purchaser or reader of this publication assumes full responsibility for the use and interpretation of these materials and information.
7. While Diwarius Trust makes every effort toprovide the best and most current information, users should not use informationprovided in this web site as a basis for action without consulting usdirectly.
8. While Diwarius Trust takes all reasonablesecurity precautions, no liability will lie for damage caused by the malicious use of thissite or by destructive data or code which is passed on to the user through theuse of this site.
9. Diwarius Trust will pursue prosecution of andcompensation from any person that delivers or attempts to deliver any destructive codeto this web site or attempts to gain unauthorized access to any page on thisweb site.
10. Diwarius Trust disclaims all responsibility orliability for any damages, including but not limited to direct, economic,consequential loss or loss of profits, resulting from the use of this site in anymanner.
Copyright and Intellectual Propertyprotection
11. Copyright in all information, images, source codes andother original material contained in this web site which is notattributed to a third party, is held by Diwarius Trust.
12. You may not modify, publish transmit, participatein the transfer or sale of, create derivative works of, orin any way exploit, in whole or in part, any Proprietary orother material.
13. All images, text, contents, products and scriptsare 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 licensedprogram or product, or any subset of the licensed programor product, except as provided for in this agreement orexpressly in writing. Any such unauthorized use shallresult in immediate and automatic termination of thislicense and may result in criminal and/or civilprosecution
14. All web sites, products and services are provided,as is, without warranty of any kind, either express orimplied, including, but not limited to, the impliedwarranties of merchantability and fitness for a particularpurpose. Diwarius Trust does not warrant, guarantee,or make any representations regarding the use, or theresults of the use, of the web sites, products, services orwritten materials in the terms of correctness, accuracy,reliability currentness or otherwise. The entire risk as tothe results and performance of the web sites, products andservices are assumed by you. If the web sites, products,services or written materials are defective, you, and notDiwarius Trust, assume the entire cost of allnecessary servicing, repair or correction.
15. This is the only warrant of any kind, eitherexpress or implied, that is made by Diwarius Trust.No oral or written information or advice given by ourcompany shall create a warranty or in any way increase thescope of this warranty, and you ay not rely on suchinformation or advice to do so.
16. The entire responsibility of Diwarius Trust,and the purchaser's exclusive remedy, shall be a refund ofthe price paid or a replacement of our products, at ouroption.
Limitation & Exclusion of Liability
17. These warranties exclude all incidental orconsequential damages. Diwarius Trust, and itssuppliers, will not be liable for any damages whatsoever,or other pecuniary loss.
Confidentiality of communications
18. Any communication or material communicated to this website or its owner through the medium of this web site will be treated asconfidential unless otherwise agreed in writing.
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 website is created. Permission, if granted, will be subject to the conditionthat the party linking to this site alerts users to the application ofthese terms and conditions.
Requests for permission can be done by filling in theform:
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
22. Hyperlinks and/or advertisements contained on this web
site and directed
towards other web sites or users are provided without any
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
What law governs this Agreement?
24. This web site is owned, hosted and maintained within
the Republic of
25. The user hereby agrees that the law applicable to this
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
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-
Consent to jurisdiction
27. The user consents to the jurisdiction of the
having jurisdiction in terms of section 28 of the
Act as amended.
Amendment of the terms and conditions of this
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
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
between the user and Diwarius Trust.
33. Failure to enforce any provision of these
not be deemed a waiver of such provision nor of the right
Diwarius Trust reserves all rights
not expressly granted here