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WEBSITE TERMS AND CONDITIONS 1 INTRODUCTION Kindly read and understand these Terms and Conditions carefully. By your checking the "I ACCEPT THE TERMS AND CONDITIONS" checkbox, a valid and binding Agreement between you and Doornkop Needy Children’s Centre shall come into existence incorporating these Terms and Conditions of use of the Website (www.dncc.co.za). If you do not agree with these Terms and Conditions, you are requested not to proceed further and to log out of this site. 2 PROVISION OF SERVICES TO YOU The content and offering available on this Website, as well as these Terms and Conditions, are subject to change. We will notify you of any such changes prior to same being effected. It is encumberent on you to consider such changes and to advise us by return e-mail if you do not accept such changes, otherwise you will be deemed to have agreed to such changes. 3 SUBMISSION OF INFORMATION Your attention is drawn to the fact that information transmitted via the World Wide Web is susceptible to interference, interception, hacking and monitoring. You acknowledge that you understand the risks associated herewith, and further you agree that you shall bear the sole risk of transmitting or accessing any information via the World Wide Web. Notwithstanding anything to the contrary contained herein, Doornkop Needy Children’s Centre shall not be liable for any losses of whatsoever nature and howsoever arising in respect of any such transmissions. All information submitted to and received by us via this Website shall be deemed to be our property and further we shall be entitled to use such information for any purposes, ideas, concepts, know-how or techniques and you hereby consent thereto. 4 RESPONSIBILITIES 4.1 you agree and undertake to - 4.1.1 read and understand the information, recommendations and warnings available on the Website about security and your role therein; and 4.1.2 accept liability for any transactions arising out of the use of your card, account number and/or PIN number; and 4.1.3 not permit unauthorised persons to use your information and confidential details to access and transact on the Website in your name; and 4.1.4 accept responsibility and liability for any transactions arising from access to or use of the Website in your name, whether authorised by you or not; and 4.1.5 provide us with information which, to the best of your knowledge, is true and correct and free from errors and viruses; and 4.1.6 indemnify us against any loss which may arise from your unauthorised, negligent and/or wilful conduct as well as from your failure to adhere to any instructions displayed on the Website from time to time; and 4.1.7 engage in activities that are not contrary to any laws, regulations or the terms of this Agreement. 4.2 we shall - 4.2.1 provide you with a Website environment which is in line with the international best practises and norms; and 4.2.2 as far as reasonably possible ensure the safety and confidentiality of your instructions and transactions; and 4.2.3 not be expected nor required by you to inquire into the authority or authenticity of any person accessing or transmitting information either on, or purportedly on, your behalf; and 4.2.4 perform your instructions received via the Website in accordance with the normal banking practises and procedures. 5 LIMITATION OF LIABILITY The Website (including all information and materials contained on the Website) is provided "as is" and "as available". DNCC does not provide any warranties and representations regarding the Website and we disclaim all warranties and representations of any kind with regard to the Website, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful codes or fitness for a particular purpose. We do not warrant the accuracy, adequacy or completeness of the information and materials contained on the Website and expressly disclaim liability for any errors or omissions in such materials and information. We shall not be liable for action taken, or any delay or failure to take any action, to the extent that the taking of such action, or such delay or failure, arises out of causes beyond our reasonable control. Under no circumstances will we be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the Website or any portion thereof, regardless of whether we have been appraised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, delict (including negligence), strict liability, warranty or otherwise. 6 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the Republic of South Africa whose Courts shall have sole jurisdiction. 7 ACCEPTANCE I have read and understood these Terms and Conditions. I fully and unconditionally understand and acknowledge that by checking the "I ACCEPT THE TERMS AND CONDITIONS" checkbox above, I indicate and record my acceptance and agreement (which indication shall be equivalent to me appending my signature to a paper based agreement), to be bound by these Terms and Conditions.
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