This website can be accessed at https://digitalstream.co.za(“the Website”) and is owned by Digital Stream (Registration Number: [2019/595080/07]) (“the Company”), which is a business in the Digital Marketing industry with a specific focus on Website Development, Branding, Social Media Marketing, Paid Ads, Search Engine Optimization and Marketing.
The applicant or user of the Website will be referred to as “the Customer”.
The Company and the Customer shall collectively be referred to as “the Parties”.
The Website enables you to Input your personal details and contact Digital Stream and shall for purposes hereof be classified as “Goods” or “Services” as the case may be.
These Website Terms and Conditions govern the online procurement, delivery and installation of Goods, the rendering of related Services, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses this website including without limitation each registered user. By using the Website and by clicking on the Submit button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
These Terms and Conditions will apply to all agreements between the Company and the Customer. For sake of clarity, this will include all accepted quotations and/or purchase price as indicated on the Website, and no variation, alteration, cancellation of or addition to these terms will bind the Company unless reduced to writing and signed by an authorised representative of the Company or contained in an invoice or other document issued by the Company.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
Use of Website
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
Privacy
The Company shall take all reasonable steps to protect the personal information of Customers. For the purpose of this clause, “personal information” shall be defined as detailed in theProtection of Personal Information Act No. 4 of 2013.
General
The Customer hereby consents to the jurisdiction of the Magistrate’s Court in respect of all proceedings connected with these Terms and Conditions notwithstanding that the amount claimed may exceed the jurisdiction of the Magistrate’s Court, provided that the Company will not be obliged to institute action in the Magistrate’s Court.
The person/s agreeing to these Terms and Conditions hereby warrant/s that he/she/they is/are duly authorised by the Customer to do so and indemnify the Company against any loss or damages sustained by it in the event of such warranty being incorrect.
The Customer hereby acknowledges and agrees that the Company may, subject to giving the Customer 10 business days’ notice, transfer; assign or cede any or all of its rights, as stipulated in these Terms and Conditions, against the Customer to any 3rd Party (Natural or Juristic).