IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE DRS WEBSITE, WEB PAGES OR ANY PART THEREOF.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT USE THE DRS WEBSITE. REASONABLE USE OF THE DRS WEBSITE SHALL AUTOMATICALLY BIND THE USER TO THIS AGREEMENT.


DEFINITIONS AND INTERPRETATION

1. “the DRS website” means the DRS website, owned and operated by Dynamic Recovery Services and located at http://www.drs.co.za including any page, part or element thereof;
   

1. DRS” means http://www.drs.co.za, registration number 1997/019520/07, including its subsidiaries, owners and business units;
   

1. “User” means any person who enters or uses the DRS website, notwithstanding the fact that such a person only visits the home page of the DRS website;
   

1. References herein to the singular includes the plural and vice versa; and
   

1. Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be nonoperational, shall not affect the validity and interpretation of these terms and conditions.
   
   
   
   

1. GENERAL
Dynamic Recovery Services (DRS) specialises in providing customised ICT Technology solutions. Our solutions and services assist clients to prevent and effectively manage the recovery process of events resulting from destructive elements such as viruses, 'time bombs', unauthorised network access and infringement of computer network related policies or procedures. In order to minimise clients' exposure to these risks and address advances in an increasingly complex and specialised field of information technology, DRS utilises world-class security experts and best-of-breed products that have been developed by international leaders in information technology security.


2. ALLOWED USE AND LICENSE
2.1 DRS licenses the User to view, download, save and print the content of the DRS website, provided that such content is used for private, personal, educational and/or noncommercial purposes only or to view, download, save and print this agreement for legal and / or evidential purposes as detailed in section 11(3) of the ECT Act.

2.2 Content from the DRS website may not be used or exploited by Users for any commercial and nonprivate purposes without the prior written consent of DRS.

2.3 Users may only access, browse and use the DRS website for legitimate personal or commercial purposes and may not use the DRS website or any DRS services and/or products for:

• 2.3.1 Harmful purposes;
  

• 2.3.2 Illegal purposes;
  

• 2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
  

• 2.3.4 The creation, storage and sending of unsolicited commercial communications.
  

2.4 The caching of the DRS website shall only be allowed if:

• 2.4.1 The purpose of the caching is to make the onward transmission of the content from the DRS website more efficient;
  

• 2.4.2 The cached content is not modified in any manner whatsoever;
  

• 2.4.3 The cached content is updated at least every 12 (twelve) hours; and
  

• 2.4.4 The cached content is removed or updated when so required by DRS.
  
  

2.5 If any User uses content from the DRS website in breach of the provisions detailed herein:

• 2.5.1 DRS reserves the right to claim damages from the User;
  

• 2.5.2 DRS reserves the right to institute criminal proceedings against the User; and
  

• 2.5.3 DRS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
  
  

2.6 Hyperlinks to the DRS website from any other source shall be directed at the home page of the DRS website. Links beyond the DRS home page may only be used with DRS’s prior written consent.

2.7 DRS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the DRS website, if such content, products or services was accessed through a hyperlink not directed at the home page of the DRS website. Persons that wish to link to pages beyond the home page of the DRS website without DRS’s prior written consent shall do so at their own risk and indemnify DRS against any loss, liability or damage that may result from the use of such hyperlinks. DRS’s nonliability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.8 Users may quote small and reasonable amounts of content available from the DRS website and only if such a quote is placed in inverted commas and acknowledged.

2.9 No person may, without the prior written consent of DRS, frame the DRS website in any manner whatsoever.

2.10 Email addresses, names, telephone numbers and fax numbers published on the DRS website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the DRS website may be used to communicate unsolicited communications to DRS and all rights detailed in 45 of the ECT Act are reserved.

2.11 All licenses and/or permissions granted in terms of this clause 2 are provided on a nonexclusive and nontransferable basis and may be terminated or cancelled by DRS at any time without prior notice or reasons.



3. INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the DRS website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to DRS and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the DRS website are expressly reserved.

3.2 No person may use logos, icons or trade marks from the DRS website as hyperlinks or other purposes without DRS's prior written consent.

3.3 Trademarks

• 3.3.1 The following are trademarks or registered trademarks of the NetIQ Corporation or its subsidiaries in the United States and other jurisdictions:
  ActiveAgent, ActiveAnalytics, ActiveAudit, ActiveReporting, ADcheck, AppAnalyzer, Application Scanner, AppManager, AuditTrack, AutoSync, Chariot, ClusterTrends, CommerceTrends, Configuration Assessor, ConfigurationManager, the cube logo design, DBTrends, DiagnosticManager, Directory and Resource Administrator, Directory Security Administrator, Domain Migration Administrator, End2End, Exchange Administrator, Exchange Migrator, Extended Management Pack, FastTrends, File Security Administrator, Firewall Appliance Analyzer, Firewall Reporting Center, Firewall Suite, Ganymede, the Ganymede logo, Ganymede Software, Group Policy Administrator, Intergreat, Knowledge Scripts, Migrate.Monitor.Manage, Mission Critical Software, Mission Critical Software for E-Business, the Mission Critical Software logo, MP3check, NetIQ, the NetIQ logo, the NetIQ Partner Network design, NetWare Migrator, OnePoint, the OnePoint logo, Operations Manager, PentaSafe, PSAudit, PSDetect, PSPasswordManager, PSSecure, RecoveryManager, Security Analyzer, Security Manager, Server Consolidator, SQLcheck, VigilEnt, Visitor Mean Business, Vivinet, W logo, WebTrends, WebTrends Analysis Suite, WebTrends for Content Management Systems, WebTrends Intelligence Suite, WebTrends Live, WebTrends Log Analyzer, WebTrends Network, WebTrends OLAP Manager, WebTrends Report Designer, WebTrends Reporting Center, WebTrends Warehouse, Work Smarter, WWWorld, and XMP
  
  

• 3.3.2 All other NetIQ products referenced on this Site are either trademarks or registered trademarks of NetIQ. Other product and company names appearing on this Site may be trademarks of their respective owners. The Cisco Systems, Inc. Cisco Compatible logo signifies that DRS's product has undergone interoperability testing by DRS together with Cisco and/or a third party test-house based on testing criteria set by Cisco. DRS is solely responsible for the support and warranty of its product. Cisco makes no warranties, express or implied, with respect to DRS's product or its interoperation with the listed Cisco product(s) and disclaims any implied warranties of merchantability, fitness for a particular use or against infringement.
  
  

• 3.3.3 The following are registered trademarks of the Symantec Corporation or its subsidiaries in the United States and other jurisdictions:Symantec, The Symantec Logo, Anti-Freeze, CleanSweep, ColorScale, Crashguard, dbAnywhere, DiskDoubler, FastFind, Ghost, I-Gear, LiveUpdate, Mail-Gear, Norton AntiVirus, Norton Backup, Norton Disk Doctor, Norton Utilities, OptLink, pcAnywhere, Procomm, Procomm Plus, SpeedSend, Unerase, WipeDisk and WinFax.
  
  

• 3.3.4 The following are Symantec Trademarks Pending Registration and Common Law Trademarks in the United States and other jurisdictions: Bloodhound, Bootguard, Day-End Sync, Digital Immune System, Expert, Norton System Doctor, Norton SystemWorks, Norton Web Services, Norton WinDoctor, PcTelecommute, Retreiver, Safe On The Web, Ghost Walker, Mobile Update, Norton 2000, Norton CleanSweep, Norton Ghost, Speed Disk, Striker, Symantec AntiVirus Research Center (SARC), Symantec AntiVirus Solution, Symantec Desktop Firewall, Symantec Ghost, Norton HelpDesk Assistant, Norton Internet Security, Norton Location Controller, Norton Personal Firewall, Norton System Center, Symantec Mobile Essentials, Symantec Mobile Update, Symantec System Center, TalkWorks, Virtually Anywhere, Work Virtually Anywhere. ACT! is a registered trademark of Symantec Corporation in the United States and other countries, under exclusive license to SalesLogix Corporation.
  
  

• 3.3.5 Partial Listing of Frequently Used Axent Trademarks. AXENT, AXENT logo, AXENT Technologies, Defender, Defender Security Server, Enterprise Resource Manager, Enterprise Security Manager, Firewall-in-a-Box, ID-Trak, Intellicrypt, Intruder Alert, LANMAN, Lifecycle Security, MyNET, NetProwler, NetRecon, NewsNOT, OmniGuard, OmniGuard/Enterprise Security Manager, OmniGuard/ESM, PassGo, PassGo Centralized User Administration, PassGo MultSess, PassGo Pass, PassGo SSO, PCShield, PowerVPN, Privilege Manager, ProwlerIDS, Raptor, Raptor logo, RaptorConnect, RaptorConnect, RaptorDesk, RaptorLAN, RaptorMobile, RaptorNetwatch, Resource Manager, SecureCard, SecureExchange, SecureLink, Security Briefcase, ServiceShield, SNCi logo, Stateful Dynamic Signature Inspection, The SOURCE for Enterprise Security, THE WALL, ThinDefender, Trust Level Management, Usecure, VelociRaptor, WebDefender, WebNOT, and Webthority are trademarks or registered trademarks in the U.S. and certain other countries of AXENT Technologies, Inc. or its subsidiaries.
  
  

• 3.3.6 Third Party Trademarks: Peter Norton, Peter Norton’s stylized signature, and Peter Norton’s crossed-arm pose are U.S. registered trademarks of Peter Norton. Other brands and products appearing on this site are trademarks of their respective holder(s).
  
  

• 3.3.7 The following are registered trademarks of the McAfee Corporation or its subsidiaries in the United States and other jurisdictions: Copyright © 2003, 2004 McAfee Corporation, 535 Oakmead Parkway, Sunnyvale, California 94085. All rights reserved. Trademarks: ACTIVE SECURITY, ACTIVEHELP, ACTIVESHIELD, ANTIVIRUS ANYWARE AND DESIGN, BOMB SHELTER, BUILDING A WORLD OF TRUST, CLEAN-UP, CLEANUP WIZARD, CLOAKING, NETWORK EXPERT AND DESIGN, CYBERCOP, CYBERMEDIA, CYBERMEDIA UNINSTALLER, DATA SECURITY LETTER AND DESIGN, DESIGN (LOGO), DESIGN (RABBIT WITH HAT), DESIGN (STYLIZED N), DISK MINDER, DR SOLOMON'S, DR SOLOMON'S LABEL, ENTERPRISE SECURECAST, EZ SETUP, FIRST AID, FORCEFIELD, GMT, GROUPSHIELD, GUARD DOG, HOMEGUARD, HUNTER, I C EXPERT, ISDN TEL/SCOPE, LAN ADMINISTRATURE ARCHITECTURE AND DESIGN, LANGURA, LANGURU (IN KATAKANA), LANWORDS, LM1, M AND DESIGN, MC AFEE ASSOCIATES, MCAFEE, MCAFEE (IN KATAKANA), MCAFEE AND DESIGN NETSTALKER, MCAFEE ASSOCIATES, MYCIO.COM, MYCIO.COM DESIGN (CIO DESIGN), MYCIO.COM YOUR CHIEF INTERNET OFFICER, MONEYMAGIC, MORE POWER TO YOU, MULTIMEDIA CLOAKING, NET TOOLS, NET TOOLS (AND IN KATAKANA), NETCRYPTO, NETOCTOPUS, NETROOM, NETSCAN, NETSHIELD, NETSTALKER, NETWORK, NETWORK UPTIME!, NETXRAY, NOTESGUARD, NUTS & BOLTS, OIL CHANGE, PC MEDIC, PC MEDIC 97, PCNOTARY, POCKETSCOPE, POWERLOGIN, POWERTELNET, PRIMESUPPORT, RECOVERKEY, RECOVERKEY - INTERNATIONAL, REGISTRY WIZARD, ROUTER PM, SECURECAST, SERVICE LEVEL MANAGER, STALKER, STALKER (STYLIZED), STATISTICAL INFORMATION RETREIVAL (SIR), TIS, TMACH, TMEG, TOTAL VIRUS DEFENSE, TRUSTED MACH, TRUSTED MAIL, UNINSTALLER, VIREX, VIRUS FORUM, VIRUSCAN, VIRUSSCAN, VSHIELD, WEBSCAN, WEBSHIELD, WEBSTALKER, WEBWALL, WHO'S WATCHING YOUR NETWORK, WINGUAGE, YOUR E-BUSINESS DEFENDER, ZIP MANAGER are registered trademarks of McAfee, Inc. and/or its affiliates in the US and/or other countries. All other registered and unregistered trademarks in this document are the sole property of their respective owners. Copyright © 2003, 2004 Networks Associates Technology, Inc. All Rights Reserved.
  
  

3.3.8 The following are registered trademarks of Juniper Networks, Inc. or its subsidiaries in the United States and other jurisdictions: NetScreen, NetScreen Technologies, the NetScreen logo, NetScreen-Global Pro, ScreenOS, and GigaScreen are registered trademarks of Juniper Networks, Inc. in the United States and other countries. The following are trademarks of Juniper Networks, Inc.: ERX, ESP, E-series, Instant Virtual Extranet, Internet Processor, J2300, J4300, J6300, J-Protect, J-series, J-Web, JUNOS, JUNOScope, JUNOScript, JUNOSe, M5, M7i, M10, M10i, M20, M40, M40e, M160, M320, M-series, MMD, NetScreen-5GT, NetScreen-5XP, NetScreen-5XT, NetScreen-25, NetScreen-50, NetScreen-204, NetScreen-208, NetScreen-500, NetScreen-5200, NetScreen-5400, NetScreen-IDP 10, NetScreen-IDP 100, NetScreen-IDP 500, NetScreen-Remote Security Client, NetScreen-Remote VPN Client, NetScreen-SA 1000 Series, NetScreen-SA 3000 Series, NetScreen-SA 5000 Series, NetScreen-SA Central Manager, NetScreen Secure Access, NetScreen-SM 3000, NetScreen-Security Manager, NMC-RX, SDX, Stateful Signature, T320, T640, and T-series. All other trademarks, service marks, registered trademarks, or registered service marks are the property of their respective owners. All specifications are subject to change without notice. Juniper Networks assumes no responsibility for any inaccuracies in this document. Juniper Networks reserves the right to change, modify, transfer, or otherwise revise this publication without notice.

3.3.9 The following are registered trademarks of the SECURELOGIX CORPORATION or its subsidiaries in the United States and other jurisdictions: The trademarks, logos and service marks (“Marks”) listed below and displayed on this web site are the property of SecureLogix Corporation. Users are not permitted to use these Marks without the prior written consent of SecureLogix Corporation. ETM, TeleWall, TeleAudit, TeleView, TeleVPN, TeleIDS, TeleWatch Secure, TWSA, SecureLogix, SecureLogix Corporation, and the ETM, TeleWall, TeleAudit, TeleView, and TeleVPN Emblems and the SecureLogix Diamond Emblem are trademarks or registered trademarks of SecureLogix Corporation in the U.S.A. and other countries. All other trademarks mentioned herein are believed to be trademarks of their respective owners. SecureLogix does not claim rights to trademarks other than in the country of registration by SecureLogix. No right is claimed by SecureLogix with respect to the TeleView trademark in Germany. PATENTS The SecureLogix® products described on this site are protected by U.S. patents and U.S. and foreign pending patent applications. U.S. Patents No. US 6,249,575 B1, US 6,320,948 B1, US 6,542,592 B2, US 6,687,353 B1, US 6,700,964 B2, US 6,718,024 B1, US 6,735,291 B1, and US 6,760,420 B2. U.S. and Foreign Patents Pending.

3.3.10 The following are registered trademarks of the Network General Corporation or its subsidiaries in the United States and other jurisdictions: Sniffer Distributed, Sniffer Mobile, Sniffer Portable, Sniffer Portable Lab 10GbE Analyzer and Sniffer Wireless

http://www.drs.co.za/main/prod.html

http://www.drs.co.za/main/manserv.html

General website content – free;

Products: http://www.drs.co.za/main/prod.html (click on the individual product category)

Services: http://www.drs.co.za/main/manserv.html (click on the individual service category)

Downloads: http://www.drs.co.za/main/av-alerts.html

These terms and conditions may be saved by Users; and

Terms specific to certain products and / or services may be printed and saved in the following manner:

Printing: open the web page that details the terms and click on the print option available on the browser toolbar; and

Saving: open the web page that details the terms and click on the [File] option available on the browser toolbar, select [Save As…] and save the page as a .htm or .html file. ALTERNATIVELY, copy and paste the terms to another format such as MS Word (.doc) and save accordingly.

access to the DRS website;

the inability to access the DRS website;

the services and content available from the DRS website; or

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 Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;

The time and place data messages such as email communications between the User and DRS are deemed to have been sent and received and the location from which such data messages originate are governed by the provisions of clause 15 hereunder;

The information, goods and / or services advertised on the DRS website are NOT an offer but merely and invitation to do business;

A binding agreement between the User and DRS for the sale of goods or the provision of services is only concluded upon DRS’s acceptance of the User’s offer detailed in 5.24.3 above;

DRS’s acceptance or refusal of an offer will be communicated to the User within a reasonable time from receipt of the User’s offer by DRS;

Although the time and place the agreement detailed herein are concluded are governed by clause 15 hereunder, the time and place agreements for the sale of goods and / or the provision of services (as advertised on the DRS website) are governed by this clause

and shall be deemed to have been concluded in Pretoria; and

DRS may refuse an offer if the User, amongst others, fails to meet the conditions of DRS’s credit referencing procedure.

Users may lodge complaints concerning the DRS website with DRS at webmaster@drs.co.za.

name and surname;

area code;

street address;

postal address;

title;

contact numbers;

nonpersonal browsing habits and click patterns;

email address;

10 IP address;

Communicate requested information to the User

Provide services to the User as requested by the User;

Authenticate the User;

Provide the User with access to restricted pages on this website; and

Compile nonpersonal statistical information about browsing habits, clickpatterns and access to the DRS website.

DRS shall not disclose personal information from Users unless the User consents thereto;

DRS shall disclose personal information without the User’s consent only through due legal process; and

DRS may compile, use and share any information that does not relate to any specific individual.

access to the DRS website;

access to websites linked to the DRS website;

inability to access the DRS website;

inability to access websites linked to the DRS website;

content available on the DRS website;

services available from the DRS website;

products available from the DRS website;

downloads and use of content from the DRS website; and/or

any other reason not directly related to DRS’s gross negligence.

3.3.8 The following are registered trademarks of Juniper Networks, Inc. or its subsidiaries in the United States and other jurisdictions: NetScreen, NetScreen Technologies, the NetScreen logo, NetScreen-Global Pro, ScreenOS, and GigaScreen are registered trademarks of Juniper Networks, Inc. in the United States and other countries. The following are trademarks of Juniper Networks, Inc.: ERX, ESP, E-series, Instant Virtual Extranet, Internet Processor, J2300, J4300, J6300, J-Protect, J-series, J-Web, JUNOS, JUNOScope, JUNOScript, JUNOSe, M5, M7i, M10, M10i, M20, M40, M40e, M160, M320, M-series, MMD, NetScreen-5GT, NetScreen-5XP, NetScreen-5XT, NetScreen-25, NetScreen-50, NetScreen-204, NetScreen-208, NetScreen-500, NetScreen-5200, NetScreen-5400, NetScreen-IDP 10, NetScreen-IDP 100, NetScreen-IDP 500, NetScreen-Remote Security Client, NetScreen-Remote VPN Client, NetScreen-SA 1000 Series, NetScreen-SA 3000 Series, NetScreen-SA 5000 Series, NetScreen-SA Central Manager, NetScreen Secure Access, NetScreen-SM 3000, NetScreen-Security Manager, NMC-RX, SDX, Stateful Signature, T320, T640, and T-series. All other trademarks, service marks, registered trademarks, or registered service marks are the property of their respective owners. All specifications are subject to change without notice. Juniper Networks assumes no responsibility for any inaccuracies in this document. Juniper Networks reserves the right to change, modify, transfer, or otherwise revise this publication without notice.

3.3.9 The following are registered trademarks of the SECURELOGIX CORPORATION or its subsidiaries in the United States and other jurisdictions: The trademarks, logos and service marks (“Marks”) listed below and displayed on this web site are the property of SecureLogix Corporation. Users are not permitted to use these Marks without the prior written consent of SecureLogix Corporation. ETM, TeleWall, TeleAudit, TeleView, TeleVPN, TeleIDS, TeleWatch Secure, TWSA, SecureLogix, SecureLogix Corporation, and the ETM, TeleWall, TeleAudit, TeleView, and TeleVPN Emblems and the SecureLogix Diamond Emblem are trademarks or registered trademarks of SecureLogix Corporation in the U.S.A. and other countries. All other trademarks mentioned herein are believed to be trademarks of their respective owners. SecureLogix does not claim rights to trademarks other than in the country of registration by SecureLogix. No right is claimed by SecureLogix with respect to the TeleView trademark in Germany. PATENTS The SecureLogix® products described on this site are protected by U.S. patents and U.S. and foreign pending patent applications. U.S. Patents No. US 6,249,575 B1, US 6,320,948 B1, US 6,542,592 B2, US 6,687,353 B1, US 6,700,964 B2, US 6,718,024 B1, US 6,735,291 B1, and US 6,760,420 B2. U.S. and Foreign Patents Pending.

3.3.10 The following are registered trademarks of the Network General Corporation or its subsidiaries in the United States and other jurisdictions: Sniffer Distributed, Sniffer Mobile, Sniffer Portable, Sniffer Portable Lab 10GbE Analyzer and Sniffer Wireless


4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the DRS website and/or download content from the DRS website.


5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the DRS website.

Access to the services, content, software and downloads available from the DRS website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and DRS has, amongst others, the duty to disclose the following information:

5.1 The full name and legal status of the website owner: Dynamic Recovery Services, registration number 1997/019520/07.

5.2 Directors: http://www.drs.co.za/main/manage.html

5.3 Street address: 46a Wierda Road West, Wierda Valley, Johannesburg, 2196, South Africa.

5.4 Postal address:P.O Box 850, Bramley, Gauteng, 2018.

5.5 The website address of the DRS website is: http://www.drs.co.za

5.6 Codes of conduct to which DRS subscribes: DRS operate strictly in compliance with ISO 17799 / BS 7799 standards.

5.7 Description of goods and / or services:

http://www.drs.co.za/main/prod.html

http://www.drs.co.za/main/manserv.html

5.8 The costs associated with the access and use of content, products and services available on the DRS website are as follows:

General website content – free;

Products: http://www.drs.co.za/main/prod.html (click on the individual product category)

Services: http://www.drs.co.za/main/manserv.html (click on the individual service category)

Downloads: http://www.drs.co.za/main/av-alerts.html

5.10 Access to, saving and printing of terms:

These terms and conditions may be saved by Users; and

Terms specific to certain products and / or services may be printed and saved in the following manner:

Printing: open the web page that details the terms and click on the print option available on the browser toolbar; and

Saving: open the web page that details the terms and click on the [File] option available on the browser toolbar, select [Save As…] and save the page as a .htm or .html file. ALTERNATIVELY, copy and paste the terms to another format such as MS Word (.doc) and save accordingly.

5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

access to the DRS website;

the inability to access the DRS website;

the services and content available from the DRS website; or

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 Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;

5.12 Time and place of contracting and nature of information on the DRS

The time and place data messages such as email communications between the User and DRS are deemed to have been sent and received and the location from which such data messages originate are governed by the provisions of clause 15 hereunder;

The information, goods and / or services advertised on the DRS website are NOT an offer but merely and invitation to do business;

A binding agreement between the User and DRS for the sale of goods or the provision of services is only concluded upon DRS’s acceptance of the User’s offer detailed in 5.24.3 above;

DRS’s acceptance or refusal of an offer will be communicated to the User within a reasonable time from receipt of the User’s offer by DRS;

Although the time and place the agreement detailed herein are concluded are governed by clause 15 hereunder, the time and place agreements for the sale of goods and / or the provision of services (as advertised on the DRS website) are governed by this clause

and shall be deemed to have been concluded in Pretoria; and

DRS may refuse an offer if the User, amongst others, fails to meet the conditions of DRS’s credit referencing procedure.

Users may lodge complaints concerning the DRS website with DRS at webmaster@drs.co.za.

6. CHANGES AND AMENDMENTS
DRS reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

6.1 change these terms and conditions;

6.2 change the content and/or services available from the DRS website;

6.3 discontinue any aspect of the DRS website or service(s) available from the DRS website; and/or

6.4 change the software and hardware required to access and use the DRS website.

7. PRIVACY

7.1 DRS shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

7.2 DRS may from time to time electronically collect, store and use the following personal information of Users:

name and surname;

area code;

street address;

postal address;

title;

contact numbers;

nonpersonal browsing habits and click patterns;

email address;

10 IP address;

7.3 DRS collects, stores and uses the abovementioned information for the following purposes:

Communicate requested information to the User

Provide services to the User as requested by the User;

Authenticate the User;

Provide the User with access to restricted pages on this website; and

Compile nonpersonal statistical information about browsing habits, clickpatterns and access to the DRS website.

7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save user information for web site.

7.5 DRS may collect, maintain, save, compile, any information collected from users, subject to the following provisions:

DRS shall not disclose personal information from Users unless the User consents thereto;

DRS shall disclose personal information without the User’s consent only through due legal process; and

DRS may compile, use and share any information that does not relate to any specific individual.

7.6 DRS owns and retains all rights to nonpersonal statistical information collected and compiled by the DRS.

8. HYPERLINKS TO THIRD PARTY SITES

8.1 DRS may provide hyperlinks to websites not controlled by DRS (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.

8.2 DRS does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.

9. SECURITY

9.1 DRS shall take all reasonable steps to secure the content of the DRS website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, DRS does not make any warranties or representations that content shall be 100% safe or secure.

9.2 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act and the requirements for a valid electronic invoice issued by the South African Revenue Service from time to time, if applicable, DRS is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the DRS website.

9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the DRS website or the server and computer network that support the DRS website.

9.4 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the DRS website, whether on purpose or negligently, shall, without any limitation, indemnify and hold DRS harmless against any and all liabilities, damages, risks and losses that DRS and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.

9.5 Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the DRS website and DRS reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.


9.6 Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by DRS and its partners / affiliates due to or related to these illegal actions.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, DRS (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

access to the DRS website;

access to websites linked to the DRS website;

inability to access the DRS website;

inability to access websites linked to the DRS website;

content available on the DRS website;

services available from the DRS website;

products available from the DRS website;

downloads and use of content from the DRS website; and/or

any other reason not directly related to DRS’s gross negligence.

10.2 DRS website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with the DRS, that the content available from and through the DRS website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

10.3 Information, ideas and opinions expressed on the DRS website should not be regarded as professional advice or the official opinion of DRS and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the DRS website.

10.4 DRS does not make any warranties or representation that content and services available from the DRS website shall in all cases be true, correct or free from any errors. DRS shall take all reasonable steps to ensure the quality and accuracy of content available from the DRS website.

10.5 DRS does not make any warranties or representations that the DRS website shall be available at all times. Users acknowledge that the DRS website may be unavailable due to updates or other causes beyond the reasonable control of DRS, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the DRS website to DRS and DRS undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.



12. INTERCEPTION OF COMMUNICATIONS

12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to DRS’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) send or posted by the User to the DRS website, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a7002/.

12.2 The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 These terms and conditions constitute the entire agreement between DRS and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by DRS from the User.

13.2 Any failure by DRS to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and DRS agree that:

14.1 the User shall be bound to these term and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the DRS website for the first time;

14.2 data messages (as defined in the ECT Act) addressed by the User to DRS shall only be deemed to have been received if and when responded to or when receipt is acknowledged. Notwithstanding section 23(1)(b) of the ECT Act, DRS shall not be deemed to have received a data message if such data messages are blocked and / or filtered and / or destroyed by DRS’s content filtering and virus security systems;

14.3 data messages (as defined in the ECT Act) addressed to the User by DRS shall be deemed to be received by the User as detailed in section 23(1)(b) of the ECT Act;

14.4 data messages (as defined in the ECT Act) addressed to the User by DRS shall be deemed to be sent from the location(s) as detailed in section 23(1)(c) of the ECT Act;

14.5 data messages (as defined in the ECT Act) addressed by the User to DRS shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa; and

14.6 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and DRS.

15. APPLICABLE AND GOVERNING LAW

The DRS website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5.22, the South African law enforced by the South African courts governs the use or inability to use the DRS website, its content, services, products and these terms and conditions.



16. LEGAL COSTS

DRS shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.