Terms & Conditions
This website is a catalogue website and as such does not provide products or services for sale online, but rather as a showroom of the products and services provided by Digital Joe (Pty) Ltd. All products and services have an inquiry form with which the prospective client can inquire with Digital Joe to further explain the product and/or service.
When placing an order or accepting the delivery of any product or service from Digital Joe (Pty) Ltd., herein after referred to as Digital Joe, after the prospective or existing client has received a detailed quotation, you the purchaser, agree to be bound by the following terms and conditions, without restriction, in their entirety, without modification, alteration, supplementation or amendment. Please read the following terms and conditions expressed herein which will be in full force and effect with any and all purchase transactions and products delivered and accepted by PURCHASER. Any purchase of goods on this site - digitaljoe4u.com - assumes the PURCHASER has read and accepted these Terms of Purchase. The final click validating the client order implies full acceptance of these terms and represents the customer's 'digital signature'.
DIGITAL JOE reserves the right to alter these terms and conditions at any time without written, oral, electronic or other communications to PURCHASER. Any policy changes will be duly noted on the website and accessible at all times when the website is functioning.
Limited Use
It is understood by PURCHASER that products sold by DIGITAL JOE are sold for ‘Limited Use” as was intended by the product or service manufacturer. DIGITAL JOE products are copyrighted and protected by the Universal Copyright code of the USA and other originating countries, and under agreements with international countries. DIGITAL JOE reserves all rights therein. The use of any copyrights, trademarks, logos or brands from the site is strictly prohibited.
Promos - Sale Prices - Special Promotions and Coupons
From time to time DIGITAL JOE offers special product promotions, special sale prices, coupons and product codes. At such time of DIGITAL JOE’s choosing, these product promotions, coupons and products will be transmitted via print media, electronic media and explained in detail to PURCHASER, who may or may not choose to act upon such offers. The PURCHASER understands and agrees that any offer made by DIGITAL JOE, whether promo codes or coupons will have no cash value and are not redeemable for cash at any time.
Product Listings
Whereas DIGITAL JOE makes every effort for accuracy in all product descriptions and specifications, drawings, photographs, illustrations, written and electronic instructions, product specifications, product pricing, website information, social media listings and information, links and downloads, instructional videos, telephone contact, email contact and all related product and informational materials contained in DIGITAL JOE’s products, websites, books, reference materials, electronic information and materials, that human error and/or unintended errors may appear. DIGITAL JOE does not guarantee or warrant any outcome, responsibility, or accuracy to the PURCHASER. DIGITAL JOE reserves the right to make any changes, amend or correct any error, technical, typographical or other, change any product price or description at any time, to any products, websites, videos, communications and materials. Other website addresses, hyperlinks, or contact information, are provided as resource and educational information only by DIGITAL JOE. DIGITAL JOE does not warrant or assume responsibility for any representations or claims made by third parties.
Ordering Process and Orders
Payment as cleared funds are required from the PURCHASER prior to DIGITAL JOE accepting such and fulfilling the order and processing for shipment. The PURCHASER may make payment under various choices, Credit Cards, Debit Cards or EFT, or by contacting DIGITAL JOE for special payment terms. Prices are indicated on every product and the PURCHASER agrees to pay amounts as indicated.
Data Protection
All personal data provided at the time of purchase to process your order will be treated in the strictest confidence and will not be passed on or sold to any other organization or business. Your data is collected solely for the purpose of processing and completing your order.
Loss of Goods and Risk
It is the responsibility of DIGITAL JOE to process, package and ship any order properly paid for by the PURCHASER within a reasonable time. The PURCHASER must provide clear and accurate address information for proper delivery by shipping agent or carrier. Whereas DIGITAL JOE will do everything in its power to process, package and ship any and all orders in a professional and responsible manner, the risk of loss or damage passes to the PURCHASER upon delivery of shipment to a proper shipping agent or carrier. DIGITAL JOE will monitor delivery by shipping agents or carriers, on a best efforts basis, but will not be responsible for delays in shipments, delivery, or damages. The PURCHASER understands that acts of God, terrorism, Government tariffs, duties or fees, acts of governments whether in South Africa or any international government, fire, floods, strikes, freight embargoes, are outside of the control of DIGITAL JOE and solely the responsibility of PURCHASER.
Jurisdiction - Governing Law - Venue
All disputes concerning the validity, interpretation, or performance of this agreement and any of its terms and conditions, or of any rights or obligations of the parties hereto, shall be governed by and resolved in accordance with the laws and courts of South Africa. It is agreed that the parties submit to the non-exclusive jurisdiction of the courts of South Africa in respect to any dispute regarding this agreement. Further DIGITAL JOE and the PURCHASER agrees that there will be no review, validity, interpretation, involvement or performance by the United Nations Convention on International Sale of Goods. The PURCHASER agrees not to bring any dispute or legal action against DIGITAL JOE after more than 3 months from the date of any order placement, based on any legal theory whether contract law, tort law, equity law, or otherwise. Any claim or dispute will be null and void after 3 months from the date of any order placed by the PURCHASER.
Severability
Nothing contained in this Agreement shall be constructed as requiring the commission of any act contrary to law. Whenever there is any conflict between any provision of this Agreement and any present or future statue, law ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the provision of this Agreement thus affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. In the event that any party, article, paragraph, sentence or condition of this Agreement shall be held to be indefinite, invalid or otherwise unenforceable, that indefinite, invalid or enforceable provision shall be deemed deleted, and the remaining part of the Agreement shall continue in full force and effect. If any tribunal of court of competent jurisdiction deems any provision hereof unenforceable, such provision shall be modified only to the extent necessary to render it enforceable and this Agreement shall be valid and enforceable and the parties hereto agree to be bound by and perform same as thus modified.
Further Assurances
Each of the parties shall, upon request of the other party, execute and deliver such additional documents as may be necessary or convenient for the purpose of evidencing or perfecting any rights or interests arising hereunder.
Waiver
No waiver by either party of any breach or series of breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to such party under this Agreement or to insist upon strict compliance with or performance of the other party’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof to require exact and strict compliance with provisions thereof.
Entire Agreement
This Agreement, together with and including any and all invoices regarding products ordered and purchased by the PURCHASER, contains all of the terms and conditions agreed upon by the parties hereto with reference to the subject matter hereto. No other agreements, or contemporaneous proposals, understandings, representations, conditions, warranties, whether written, oral or electronic or otherwise transmitted, shall be deemed to exist or to bind either of the parties hereto. This Agreement cannot be modified or changed except by written instrument agreed to and signed by both parties.
Disclaimers And Limitations of Liability
Maximum liability to DIGITAL JOE is expressly limited to the purchase price of products purchased by the PURCHASER in all circumstances without exception. DIGITAL JOE shall not be liable for any claim or action of contract, tort, contribution, or indemnity, or other claims relating to the products sold by DIGITAL JOE that exceed the liability limit. DIGITAL JOE shall not be held liable for any third party claims for damages against the PURCHASER, and further the PURCHASERa grees to hold DIGITAL JOE harmless in any such action or claim.
User of the DIGITAL JOE websites expressly agrees that use of DIGITAL JOE websites is at User’s sole risk and is offered by DIGITAL JOE on an “as is” and “as available” basis. Neither directors, officers, employees, licensors, agents, third party content providers, merchants, sponsors, consultants, or the like, warrant that the websites will be error-free or uninterrupted at any given time, further they do not make any warranty as to results obtained from the use of DIGITAL JOE websites or to accuracy, reliability or content, service or merchandise provided through DIGITAL JOE websites. Any party creating, producing or distributing on behalf of DIGITAL JOE, will under no circumstances, be held liable for any direct, indirect, incidental, special or consequential damages to the PURCHASER or any third parties. The PURCHASER agrees to hold DIGITAL JOE harmless for any unintended activities to the websites resulting in malware, or viruses, resulting in or causing disruption or damage to any of the PURCHASER’s computers, cell phones/smart phones, tablets or other instruments used to access DIGITAL JOE’s websites and further agrees to hold DIGITAL JOE free of any claim for damages, losses or liability for any such action.