The Website Guy Disclaimer
Webmaster Disclaimer
1. USE AND COPYRIGHT
1.1 Use of this website and any services, content, or applications contained therein or offered thereon is at the sole risk of the user.
1.2 Users may view, copy, download to a local drive, print, and distribute the content of this website, or any part thereof, for non-commercial, informational, or reference purposes only. Users may not cede, sub-license, or otherwise transfer any rights they may have under these terms and conditions, or which may otherwise have been obtained through the use of this site.
1.3 Users who wish to use content from this site for commercial purposes may only do so with prior written permission obtained through the Queries and Feedback section below. Any reproduction and/or copy of the content or portion thereof for commercial purposes must include the following copyright notice in its entirety: “© 2024 The Website Guy. All rights reserved.”
1.4 All moral rights and any other rights of The Website Guy or other legal entity in respect of which content is contained on this site not expressly granted are reserved.
2. DISCLAIMERS & INDEMNITIES
2.1 The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
2.2 It is the sole responsibility of the user to satisfy him or herself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
2.3 THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEBSITE GUY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
2.4 Information, ideas, and opinions expressed on this site should not be regarded as professional advice or the official opinion of The Website Guy or any legal entity in respect of which information, ideas, and opinions are expressed on this website. Users are encouraged to obtain professional advice before taking any course of action related to information, ideas, or opinions expressed on this site.
2.5 The use of the content of this website is at the user’s own risk.
2.5.1 The user assumes full responsibility and risk of loss resulting from the use of the content of this site.
2.5.2 THE WEBSITE GUY OR ANY OF THE LEGAL ENTITIES IN RESPECT OF WHICH INFORMATION IS CONTAINED ON THIS SITE, OR EMPLOYEES OF THE WEBSITE GUY OR SUCH ENTITY, WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, DELICT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO THE USE OF THIS DOCUMENT OR INFORMATION.
2.5.3 SUBJECT TO SECTIONS 43(5) AND 43(6) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 AND TO THE FULLEST EXTENT POSSIBLE UNDER LAW, THE WEBSITE GUY SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE, OR REASONABLE RELIANCE UPON THIS WEBSITE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THIS WEBSITE.
2.5.4 Even though The Website Guy takes reasonable steps to ensure that this site is virus-free, no warranty, whether express or implied, is given that any information downloaded from this site is virus-free.
2.6 Users agree to indemnify and hold harmless The Website Guy, its officers, employees, ISPs, servants, subcontractors, partners, subsidiaries, and affiliates from any demand, action, or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of or inability to use this website, third-party websites, or any of the services offered through such sites in any way, including but not limited to the provision of content.
2.7 If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
3. RECEIPT AND SENDING OF DATA MESSAGES
3.1 Data messages, including e-mail messages, sent by users to The Website Guy shall be deemed to be received only when acknowledged or responded to in writing. 3.2 If a user does not receive a response within a reasonable period of time, the user should follow it up with The Website Guy. The Website Guy shall not be liable for any failure to respond. 3.3 An agreement concluded between The Website Guy and a user by means of data messages is deemed to be concluded at the time the acceptance of the offer exits The Website Guy’s information system and is deemed to be concluded in the location of The Website Guy. 3.4 Time, place, dispatch, and receipt of data messages, including the formation and validity of Agreements, is subject to applicable laws and regulations.
4. SECURITY
4.1 The Website Guy has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration, or destruction. 4.2 All reasonable steps will be taken to secure a user’s information. Authorized employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. This policy applies to all employees of The Website Guy or public bodies that may receive such information from The Website Guy. 4.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorized access to any page on this website, or to deliver or attempt to deliver any unauthorized, damaging, or malicious code to this website, and the User’s attention is drawn to the offenses and penalties in applicable laws. If a person delivers or attempts to deliver any unauthorized, damaging, or malicious code to this website or attempts to gain unauthorized access to any page on this website, a criminal charge will be laid against that person, and, if The Website Guy should suffer any damage or loss, civil damages will be claimed.
5. MONITORING AND INTERCEPTION OF DATA MESSAGES
5.1 In order to provide a relevant and secure service, and where required to do so under law, The Website Guy may monitor and/or intercept electronic communications, such as e-mail, which are sent to this website. 5.2 TO THE FULL EXTENT NECESSARY UNDER LAW THE USER HEREBY ACKNOWLEDGES THAT HE OR SHE IS AWARE OF SUCH POTENTIAL MONITORING AND/OR INTERCEPTION AND CONSENTS THERETO.
6. CONFIDENTIALITY OF DATA MESSAGES
6.1 The Website Guy does not wish to receive confidential or proprietary information from users through this website. 6.2 Please note that any information or material sent to The Website Guy will be deemed NOT to be confidential. 6.3 By sending The Website Guy any information or material, users grant The Website Guy an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that The Website Guy is free to use any ideas, concepts, know-how or techniques that are sent to it for any purpose.
7. LINKS TO THIRD-PARTY OR EXTERNAL SITES
7.1 The Website Guy may provide links to other websites only as a convenience, and the inclusion of any link does not imply the endorsement of such sites. 7.2 Linked websites or pages are not subject to the control of The Website Guy. 7.3 When users select a link to a third-party website, they are leaving The Website Guy’s site and are subject to the privacy and security policies of the owners/sponsors of the third-party website. 7.4 The Website Guy does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website. 7.5 The Website Guy does not endorse the organizations sponsoring linked websites and does not endorse the views they express or the products/services they offer. 7.6 The Website Guy cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website. 7.7 The Website Guy is not responsible for transmissions users receive from linked websites. 7.8 Certain links in the web server lead to resources maintained by third parties over whom The Website Guy has no control. The Website Guy makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources and is not responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or resource or any links contained in a linked website or resource.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All content, data, and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, programs, publications, products, processes, or ideas described in this website may be the subject of rights, including other intellectual property rights, which are the property of or licensed to The Website Guy, or a legal entity, and as such are protected from infringement under applicable laws and international treaties and conventions. 8.2 Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website are expressly reserved, and by accessing data on this website the user is not licensed, authorized, or granted any other right including without limitation under copyright, trademark, patent, or other intellectual property rights in or to the content. 8.3 Third-party websites are welcome to link to the information hosted on these pages. Please notify us when establishing a link by e-mailing through the Queries and Feedback section below. 8.4 It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of The Website Guy.
9. AUTOMATED SEARCHING
9.1 Automated transactions and searches are subject to these terms and conditions. 9.2 The use of malicious search technology is prohibited. 9.3 The use of search technology in an unlawful manner or for collecting or harvesting of data for commercial gain is prohibited. 9.4 Search technology which does not unduly retard the operation of this website is acceptable, but The Website Guy reserves the right to prohibit any specific entity from employing search technology on the website.
10. APPLICABLE LAW
10.1 This website is owned, hosted, and maintained within the applicable jurisdiction. 10.2 When using this site and agreeing to these Terms and Conditions of Use, such use and agreement are deemed to have taken place in the applicable jurisdiction. 10.3 This Website is controlled, operated, and administered by The Website Guy from its offices as set out below within the applicable jurisdiction. The Website Guy makes no representation that the content is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the content is illegal is prohibited. The User may not use this Website in violation of applicable law. If the User accesses this Website from locations outside of the applicable jurisdiction, that User is responsible for compliance with all local laws. The laws of the applicable jurisdiction shall govern these Terms and Conditions of Use, and the User consents to the jurisdiction of the relevant courts in the event of any dispute.
11. PRIVACY POLICY
11.1 Voluntary privacy principles 11.1.1 The Website Guy website subscribes to and complies with applicable voluntary privacy principles and laws. 11.1.2 The privacy policy applies to The Website Guy and any legal entity, which controls, verifies or makes use of information that may be collected via this site. 11.2 Collection of personal data 11.2.1 The Website Guy undertakes to obtain the written permission of the User for the collection, collation, processing or disclosure of any personal information on the User unless The Website Guy is not permitted or required to do so by law. Where personal information (such as your name, telephone number and e-mail address) is submitted to the site by the user, for example through sending an e-mail, subscribing to a service, or filling in required fields, the following principles are observed in the handling of that information: 11.2.2 This website collects, processes, and stores only such personal information regarding users as is necessary to provide the services offered. The specific purpose for which information is collected is apparent from the context in which it is requested. 11.2.3 This website will not use the personal information submitted for any other purpose other than the efficient provision of services, including this website and services offered through it by third parties, without obtaining the prior written approval of the user or unless permitted or required to do so by law. 11.2.4 This website will keep records of all personal information collected and the specific purpose for which it was collected for a period of at least one year from the date on which it was last used. 11.2.5 This website will not disclose any personal information regarding a user to any third party unless the prior written agreement of the user is obtained, or the website is required or permitted to do so by law. 11.2.6 If information is released with the user’s consent, this website will retain a record of the information released, the third party to which it was released, the reason for the release, and the date of release, for a period of one year. 11.2.7 This website will destroy or delete any personal information under its control that has become obsolete. 11.2.8 Note that, as permitted by applicable laws, this website may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user. 11.3 Collection of anonymous data 11.3.1 In order to provide the best possible and most relevant service, The Website Guy may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows The Website Guy to collect statistics. 11.3.2 The Website Guy utilizes cookies. A cookie is a small text file that is saved onto the user’s computer’s hard drive that contains information about the user to enable the website to track the user’s movements. Users can disable cookies in their browser settings. 11.3.3 The Website Guy may use other methods to collect data, such as pixels or other analytics technologies, to analyze trends, administer the website, track users’ movements, and gather broad demographic information for aggregate use. This data is not linked to personally identifiable information.
12. CHANGES TO THIS AGREEMENT
12.1 The Website Guy reserves the right to amend these Terms and Conditions at any time. 12.2 Changes will be posted on the website, and it is the user’s responsibility to review these Terms and Conditions regularly to stay informed of any updates.
13. QUERIES AND FEEDBACK
13.1 Any queries regarding these Terms and Conditions of Use or the practices of The Website Guy website should be directed to The Website Guy using the contact information provided on the website. 13.2 Feedback is welcome and may be submitted via the contact form on the website.
14. DISCLAIMER AND LIMITATION OF LIABILITY
14.1 The Website Guy makes no representations or warranties, whether express or implied, as to the accuracy, completeness, or reliability of the information, opinions, data, or content on this website. 14.2 The Website Guy shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by a user or any third party as a result of or which may be attributable, directly or indirectly, to the user’s use of or reliance on any information provided on this website. 14.3 The Website Guy shall not be liable for any loss or damage arising from the failure or delay in the performance of the website due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, and technical failures. 14.4 The user acknowledges that any reliance on any such information shall be at the user’s own risk.
15. CONTACT INFORMATION
15.1 The Website Guy can be contacted through the following methods:
- Email: riaan@thewebsiteguy.co.za
