DGB(Pty)Ltd WEBSITE TERMS AND CONDITIONS OF USE
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 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002 (“ECT ACT”)
IF THE USER DOES NOT AGREE TO THE TERMS AND CONDITIONS, THE USER MUST LEAVE THE TALL HORSE WEBSITE IMMEDIATELY, AS FURTHER USE WILL BIND THE USER TO THESE TERMS AND CONDITIONS
1.1 “DGB” means DGB (Proprietary) Limited, a private company incorporated in accordance with the laws of South Africa (Registration Number 1946/021311/07);
1.2 “DGB” means the DGB website located at www.dgb.co.za and includes any portion thereof
1.3 “User” means any person who access or use the DGB Website, which includes but is not limited to any page linked to the home page of the DGB Website
1.4 In this Agreement unless the context otherwise requires:
1.4.1 the masculine gender includes neuter and vice versa; and
1.4.2 the singular includes the plural and vice versa;
1,4,3 the clause headings to these terms and conditions have been inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate;
1.4.4 words and expressions defined in any sub-clause shall, for the purpose of the clause of which the sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause.
.2. Purpose and content of the website
DGB uses the website to provide the User with information about its products ("Product Information ) and various downloads, such as e-cards, screensavers, wallpapers, photographs, product sheets and point of sale material and games ("Downloads").The website is not interactive and is not used to sell DGB products or services or to facilitate discussion groups and the like.
3. Disclosures required in terms of Section 43 of the ECT Act
The Product Information and Downloads 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: email@example.com
3.7. Membership of self-regulatory or accreditation bodies: DGB is a founder 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 firstname.lastname@example.org.
5. Communications from DGB to the User
The User hereby expressly agree that DGB may send the User electronic communications relating to our 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, content, patents, trade names, logos, service marks, materials, texts, drawings, information, hyperlinks and data made available on the website, are property of or licenced to DGB (collectively "DGB IP"), and thus are protected by both South African and international intellectual property laws. Nothing contained on the website or in these terms should be construed as granting the User, any licence or right to use the DGB IP without the prior written permission of DGB.
6.2 Accordingly, by accessing the website and/or using any of the information, the User warrants that the DGB IP is provided solely for his private, individual consideration, 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 IP.,.
7. External links
7.1 Hypertext links to external websites may be provided for the Users 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 via such websites. Use or reliance on any external links is at the Users own risk. When visiting external websites please refer to such sites' terms and conditions of use. No hypertext links of whatever nature shall be created to the website from any other website, without the appropriate hypertext link agreement being concluded with DGB.
7.2 DGB shall not be 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 websites.
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 staff and employees.
8.2 The User agrees and acknowledges 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 website and accepting the pop-up "I am of legal drinking age", the User warrants in favour of DGB that the User:
9.1.1 is legally entitled to access the website and use the information presented on the website;
9.1.2 shall not use the website or any of the information for any purpose that is unlawful or contrary to these terms and conditions;
9.1.3 shall observe all laws that may regulate the use of the website in accordance with the laws and regulations of the relevant jurisdiction.
9.2 While DGB makes every effort to ensure that all the information on the website is reliable and all programs can be downloaded without any harm to the User the DGB website, the information and the downloads are provided "as is" and DGB makes no representations and provides no warranties or guarantees of whatever nature regarding the website, the information and/or the downloads. 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;
9.2.3 the content, services and downloads shall be available at all times.
9.3 The User acknowledge 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 and “acts of God”
10. Limitation of liability
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 any loss or damages of whatever nature and howsoever arising from:
10.1.1any errors, omissions or corruption of the information and/or the downloads
10.1.2any unavailability of the 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 of the website;
10.1.3any virus or other illicit or malicious computer program that attaches itself to and infects, corrupts or destroys other programs or systems
10.1.4any hypertext link to external websites; and/or
10.1.5any interception or disclosure of any information by third parties.
10.2The User shall use the DGB Website at his own risk.
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;
11.2.2 change the content and/or services and/or downloads 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 term of 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 to the User 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 to the User 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 Users may determine cookie use independently from their browser settings.
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
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: Frankj@dgb.co.za
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
Electronic banking records
Proof of Deliveries
Independent agent contracts
Service Level Agreements
3. Income Tax 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
Medical Aid records
Retirement Fund records
Provident Fund records
Code of ethics
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 refuse
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:
Telephone number: E-mail address:
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 foliows.
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
3. If record consists of recorded words or information which can be reproduced in
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.