Last Revised: 03 July 2020
Please read the following Website Legal Notice carefully as it contains the Terms and Conditions of Usage of the Rhox Digital Solutions Website, Web pages or any part thereof (located at www.rhox.co.za) (the “Website”) as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”). You will be subject to the Website Legal Notice in force at the time that you use the Website. For the avoidance of doubt, the Website Legal Notice available on the Website at the time of each of Your Website usage sessions shall govern the relevant session. Enquiries: firstname.lastname@example.org
Rhox Digital Solutions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The User’s (Your) registration on and/or usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Rhox Digital Solutions. You are advised to regularly check these Terms and Conditions for any amendments or updates. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service.
We reserve the right to refuse service to anyone for any reason at any time.
1.1 These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
1.2 Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the Website. The Website is not intended for persons under the age of 18, and Rhox Digital Solutions does not knowingly collect personally identifiable information from users under the age of 18.
You are responsible for Your use of the Services and for any use of the Services made using your account. You agree not to access, copy, or otherwise use the Services beyond the permitted use hereunder. When using Our Services, You agree that You will not
(1) copy or distribute any part of the Services, including by way of automated or non-automated "scraping";
(2) use any automated systems including "robots" and "spiders";
(3) interfere with or compromise Our systems’ integrity or decipher any server transmissions;
(4) impose any unreasonably large load on Our infrastructure;
(5) upload viruses or worms or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(6) collect or retain any personally identifiable information contained in the Service;
(7) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden;
(8) stalk, harass, bully or harm others harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(9) impersonate any person or entity;
(10) hack, pretext, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content. Your continued access to Our Services are contingent on Your agreement to act in a professional manner and in good faith;
(11) You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
(12) solicit others to perform or participate in any unlawful acts;
(13) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (14) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (15) submit false or misleading information;
(16) for any obscene or immoral purpose;
(17) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.3 THE USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USAGE OF THE WEBSITE AND RELIANCE ON THE WEBSITE CONTENT IS AT THE DISCRETION AND RISK OF THE USER. Rhox Digital Solutions, IN ITS DISCRETION, RESERVES THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: CONTENT, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE OF THE WEBSITE. Rhox Digital Solutions SHALL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE; HOWEVER, Rhox Digital Solutions TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND THE CONTROL OF Rhox Digital Solutions.
1.3.1 Further Limitations On Liability
Rhox Digital Solutions is not liable for
(1) any Content posted on User's listings and Services offered;
(2) contracts or other obligations that may arise between Users;
(3) any damages that result through Your use of Our Services;
(4) any negative or critical comments that may be posted by other Users through the Services; or
(5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Rhox Digital Solutions BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICE,
WHETHER OR NOT Rhox Digital Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY
OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM
(1) THE USE OR INABILITY TO USE THE SERVICES;
(2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(3) ANY OTHER MATTER RELATED TO THE SERVICES.
1.3.2 Third Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIS AGREEMENT IS SUBJECT TO CHANGE BY Rhox Digital Solutions IN ITS SOLE DISCRETION AT ANY TIME.
When changes are made, We will make a new copy of the Agreement available by posting on Our Site or through the Services.
We will also update the "Last Revised" date at the top of the Agreement.
If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. Rhox Digital Solutions may require You to provide consent to the updated Agreement.
If You do not agree to any change(s) You agree to stop using the Services.
Your continued use of the Services constitutes Your acceptance of such change(s).
YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
1.4 The Website has not been tailored to any specific individual User’s requirements and is provided to the public as a whole; based thereon the information contained on the Website is provided by Rhox Digital Solutions and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. Rhox Digital Solutions makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, Rhox Digital Solutions makes no warranties or representations as to the accuracy of the content, information, and materials contained in this Website which are provided to you, as is and as available.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
THE SERVICES ARE PROVIDED TO YOU AS IS.
Rhox Digital Solutions PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS SUCH AS WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT.
Rhox Digital Solutions MAKES NO GUARENTEE THAT:
(1) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
(3) THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
(4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
1.5 You hereby agree to defend, indemnify and hold Rhox Digital Solutions, its officers, directors, members, employees, agents, licensors, suppliers and stakeholders harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, loss of data, consequential or punitive damages and any reasonable legal and/or accounting fees, whether based in contract, tort (including negligence) resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
1.6 The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Rhox Digital Solutions or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of Rhox Digital Solutions or which constitutes advertising of goods or services in the absence of written approval from Rhox Digital Solutions. Unauthorised use of this Website may give rise to Rhox Digital Solutions instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.7 Rhox Digital Solutions may include or provide links to third party websites on the Internet. Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, Rhox Digital Solutions does not investigate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information, alternatively subscribe to any such opinions or recommendations. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
1.8 Applicable Law, Jurisdiction and Arbitration:
1.8.1. The Website is hosted, controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.
1.8.2. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Durban, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
1.9.Website Intellectual Property:
This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Rhox Digital Solutions and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that Rhox Digital Solutions does not own specific content, or such content falls within the public domain, Rhox Digital Solutions may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to Rhox Digital Solutions' intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Rhox Digital Solutions and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
1.9.1. commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Rhox Digital Solutions or in the case of third party content, the owner of that content;
1.9.2. claim or convey ownership of Website content either in its entirety or otherwise;
1.9.3. modify the Website content for the purposes of reposting to other websites;
1.9.4. alter or remove any trademark, copyright or other notice from the Website content;
1.9.5. copy or otherwise incorporate Website content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or
1.9.6. frame the Website or any part of the Website
1.10 Unsolicited Commercial Communications:
You agree not to collect or use any Personal Information listed on the Website, pertaining to Website: Users, contributors, members, clients and/or executives or advisors of Rhox Digital Solutions for the purposes of transmitting and/or in any manner facilitating the transmission of unsolicited commercial communications..
1.11 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 Website and/or download content from the Website.
1.12 Modifications to Prices and Services
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
1.13 Products and Services
1.13.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
1.13.2 We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors save for prior agreement. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
1.13.3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
1.14 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments;or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
2 INFORMATION AND WEBSITE COMPLIANCE
The following information contains further information on Rhox Digital Solutions and represents the information that must be provided by Rhox Digital Solutions to You in compliance with Section 43 of the South African Electronic Communications and Transactions Act. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
Business Model: Sole Proprietorship
Owner: Duane Giliam
Rhox Digital Solutions Website address and e-mail contact address:
The place of registration:
Alternative Dispute Resolution Code:
Without any restriction on Your rights to pursue legal recourse in the forum of Your choice as per clause 1.8 of the Website Terms and Conditions of Usage, You agree that in the event of a dispute or alleged breach of the terms hereof You will work together with Rhox Digital Solutions in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to arbitration alternatively the legal forum of your choice.
3. Rhox Digital Solutions TERMS OF SERVICE – ELECTRONIC TRANSACTIONS
The following section contains the terms and conditions applicable to electronic transactions. You will be subject to the Terms in force at the time that You register and/or engage in an electronic transaction. You are advised to download and store these Terms as well as all other documents in force at the time You engage in an electronic transaction. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
3.1. Sign Up/Registration:
3.1.1. Rhox Digital Solutions enables you to sign up online to receive Rhox Digital Solutions' services.
By signing up: You understand that You are entering into an electronic transaction; You warrant that You have the legal capacity to enter into such transaction and You consent to the terms set out herein.
3.1.2. You warrant that all the Personal Information provided by You during the Sign up process is true, correct and accurate. You undertake to provide Rhox Digital Solutions with written notification, to email@example.com, should any of Your Personal Information, required during the sign up process, change.
3.1.3. You may modify Your account by updating the Your Account tab on the Newsletter Subscription page. Rhox Digital Solutions will send a link to your email address to modify Your account. It is Your responsibility to apply for the required modification to Your Account and to check Your email and activate the link to modify Your details.
3.2. Signing up to Newsletters: Upon signing up to Newsletters, Rhox Digital Solutions will set up an Account for You and You will be granted secure access to the Rhox Digital Solutions website. Your email address will be Your Username and You will have to choose a Password for Your Account, which information You undertake to keep confidential.
3.3 LIMITATION OF LIABILITY: YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND/OR LIABLE FOR ALL THE ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICE
If Your Account confidentiality has been compromised, it is Your responsibility to contact Rhox Digital Solutions immediately, by email to firstname.lastname@example.org, and Rhox Digital Solutions will assist with the resetting of Your Username and Password.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
3.4 ACCURACY OF BILLING AND ACCOUNT INFORMATION
Rhox Digital Solutions reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If, in the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
YOU AGREE TO INDEMNIFY Rhox Digital Solutions AGAINST ANY AND/OR ALL CLAIMS, DAMAGES, ACTIONS AND LIABILITIES INCLUDING WITHOUT LIMITATION, YOUR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE TRANSACTIONS ON THE WEBSITE.
Rhox Digital Solutions does not necessarily endorse, encourage or agree with comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Rhox Digital Solutions.
YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT THROUGH THE SERVICE MAY BE VIEWED BY THIRD PARTIES AND,
AS SUCH, ARE NOT CONSIDERED CONFIDENTIAL AND Rhox Digital Solutions HAS NO RESPONSIBILITY, CONTROL OVER, OR LIABILITY FOR THE CONTENT
OF THOSE MESSAGES, ANY ATTACHMENTS TO THOSE MESSAGES, OR THE CHOSEN RECIPIENTS BY THE SENDER, WHETHER SENT THROUGH
THE SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.
4 ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
6. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.