Welcome to the Retail Digital Media website (the “Site”). These Terms and Conditions (“Terms”) govern your access to and use of this Site and any content, services, or functionality offered through it (collectively, the “Services”).
By accessing or using this Site, you agree to be bound by these Terms and our Privacy Policy (which is incorporated by reference). If you do not agree, please do not use this Site.
1. Definitions and Interpretation
1.1 Definitions
- “Retail Digital Media”, “we”, “us”, “our” means Retail Digital Media (Pty) Ltd, the company operating this Site.
- “You”, “your”, “user” means any person or entity accessing or using the Site.
- “Content” means any material (including text, images, videos, graphics, audio, code, and data) appearing on the Site.
- “Services” means all features, functions, and content made available through the Site.
- “ECTA” refers to the Electronic Communications and Transactions Act, 25 of 2002 (as amended).
- “POPIA” refers to the Protection of Personal Information Act, 4 of 2013 (as amended).
- “CPA” refers to the Consumer Protection Act, 68 of 2008 (as amended).
1.2 Interpretation
- Words in the singular include the plural and vice versa.
- References to statutes include all amendments and re-enactments.
- Clause headings are for convenience only and do not affect interpretation.
- If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.
2. Acceptance of Terms and Modifications
2.1 Acceptance
By using the Site, you confirm that you have read, understood, and agree to be bound by these Terms.
2.2 Modifications
We may update or amend these Terms at any time without prior notice. The updated Terms will be effective immediately upon publication on the Site. Continued use after changes means you accept the updated Terms.
2.3 Responsibility
It is your responsibility to review the Terms periodically. If you do not agree to any changes, you must stop using the Site.
3. Permitted Use
3.1 License to Use the Site
Retail Digital Media grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Site solely for lawful purposes and in accordance with these Terms.
3.2 Prohibited Conduct
You may not:
- Use the Site in violation of any law or regulation.
- Reproduce, copy, distribute, or exploit any part of the Site or its Content for commercial purposes without written consent.
- Modify, reverse-engineer, or create derivative works based on the Site.
- Upload or transmit malware, viruses, or harmful code.
- Interfere with or disrupt the Site or its servers.
- Use automated systems (e.g. bots, scrapers) to access or extract data from the Site.
- Misrepresent the origin of any communication sent through the Site.
3.3 Third-Party Links
The Site may contain links to external websites. Retail Digital Media is not responsible for the content or practices of such sites and provides these links for convenience only. Accessing third-party websites is at your own risk.
4. Intellectual Property Rights
4.1 Ownership
All Content, trademarks, trade names, logos, and designs on this Site are owned by Retail Digital Media or licensed to us. All rights are reserved.
4.2 Restrictions
Nothing in these Terms grants you ownership or rights to our intellectual property. You may not copy, use, or reproduce our trademarks or content without our prior written permission.
4.3 Copyright Claims
If you believe that material on this Site infringes your intellectual property rights, please contact us in writing with sufficient detail, and we will take appropriate action in line with South African law and the provisions of ECTA.
5. Disclaimers
5.1 As-Is Basis
This Site and its Content are provided “as is” and “as available.” Retail Digital Media makes no warranties, representations, or guarantees—express or implied—regarding accuracy, completeness, reliability, availability, or fitness for any particular purpose.
5.2 No Warranty of Operation
We do not warrant that the Site will operate uninterrupted or error-free, that defects will be corrected, or that the Site is free from viruses or harmful components.
5.3 Third-Party Content
We are not responsible for third-party materials, advertisements, or external websites linked to or referenced on our Site.
6. Limitation of Liability
6.1 General Limitation
To the fullest extent permitted by South African law, Retail Digital Media, its officers, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or related to your use or inability to use the Site or its Content.
6.2 Cap on Liability
Our total liability to you for any claim or cause of action shall not exceed the amount (if any) you paid to us for use of the Services that gave rise to the claim.
6.3 Consumer Protection
Nothing in these Terms excludes or limits any rights or remedies available to you under the CPA or any other applicable South African law.
7. Electronic Communications and Transactions
7.1 Legal Validity
By using the Site, you consent to receiving communications from us electronically. You acknowledge that all agreements, notices, or communications sent electronically comply with the legal requirements for “writing” under ECTA.
7.2 Evidence
Electronic logs, data, or communications retained by Retail Digital Media will serve as sufficient evidence of any communications or transactions conducted with you via the Site.
8. Consumer Rights and Cooling-Off (If Applicable)
Where applicable, consumers who conclude electronic transactions via the Site may have certain cancellation (“cooling-off”) rights in terms of section 44 of the ECTA, except where specific exemptions apply (e.g. custom-made or on-demand products).
To exercise this right, written notice must be provided within the statutory period and any goods returned at your own cost, subject to applicable conditions.
9. Indemnification
You agree to indemnify and hold harmless Retail Digital Media, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal costs) arising out of or related to your breach of these Terms, violation of law, or misuse of the Site.
10. Suspension and Termination
Retail Digital Media reserves the right to restrict, suspend, or terminate your access to the Site at any time and without notice if you violate these Terms or use the Site unlawfully.
Upon termination, all rights granted to you under these Terms will cease immediately.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.
You consent to the non-exclusive jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising from or related to these Terms or your use of the Site.
12. General Provisions
12.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
12.2 Waiver
No waiver by Retail Digital Media of any provision or right shall be deemed a continuing waiver of any other or subsequent breach.
12.3 Assignment
Retail Digital Media may assign or transfer its rights and obligations under these Terms without notice. You may not assign your rights without our written consent.
12.4 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Retail Digital Media concerning your use of the Site.
13. Contact Information
Retail Digital Media (Pty) Ltd
Unit 110, The Old Castle Brewery, 06 Beach Road, Woodstock
info@retaildigitalmedia.co.za
+27 21 180 4168
https://www.retaildigitalmedia.co.za