TERMS OF USE OF THE DIGITAL PLANET WEBSITE

Agreement

Welcome to Digital Planet (www.digitalplanet.co.za) and Digital Planet (PTY) Ltd (the Mall Operators). For ease of reference the parties will jointly be referred to as “the Mall Operators” / “we” / “us”. All affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the Digital Planet website (www.digitalplanet.co.za) and/or registering to shop on Digital Planet (www.digitalplanet.co.za), you confirm that you have familiarised yourself with the terms and conditions governing the conduct of parties accessing or using the Digital Planet website (www.digitalplanet.co.za) to trade and that you agree to be bound by these terms and conditions.

Should you not agree to the terms and conditions stipulated, you may not use the Digital Planet website (www.digitalplanet.co.za).

Your access to the Digital Planet website (www.digitalplanet.co.za) and use of any services provided by Digital Planet (www.digitalplanet.co.za), including any purchases, are subject to terms and conditions established under the following headings.

• Terms of Use of the Digital Planet Website (www.digitalplanet.co.za)
• Terms of Trade with Digital Planet (www.digitalplanet.co.za)
• Privacy and Security Statement
• Intellectual Property Statement
• Dispute Resolution
• Compliance with Statutory Consumer Protection provisions
• Gift Vouchers and Competitions
• Contact Information

Terms of Use of Digital Planet (www.digitalplanet.co.za)

The Mall Operators grant you a limited license to access and make personal use of the Digital Planet website (www.digitalplanet.co.za).  You are not allowed to modify the website (other than page caching) or any portion thereof without the prior written consent of the Mall Operators.

This license does not permit any resale or commercial use of the Digital Planet website (www.digitalplanet.co.za) or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Digital Planet website (www.digitalplanet.co.za)  or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Digital Planet website (www.digitalplanet.co.za) or any portion of the Digital Planet website (www.digitalplanet.co.za), may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of the Mall Operators.

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Digital Planet Operators and our affiliates without prior written consent.

You may not use any meta tags or any other "hidden text" utilising the Digital Planet (www.digitalplanet.co.za) name or trademarks associated with the Digital Planet (www.digitalplanet.co.za) name without the prior written consent of the Mall Operators. Any unauthorised use terminates the permission or license granted by the Mall Operators.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Digital Planet website (www.digitalplanet.co.za) so long as the link does not portray Digital Planet and the Operators, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Digital Planet (www.digitalplanet.co.za) logo or other proprietary graphic or trademark owned by the Mall Operators, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.

Digital Planet (www.digitalplanet.co.za) may provide links from the Digital Planet website (www.digitalplanet.co.za) to other websites which may offer services to you. The Mall operators are not responsible for evaluating the content or offerings made on these websites. The Mall Operators do not endorse or warrant the offerings of any of the businesses or individuals, nor are they responsible for the content of the websites to which links may be provided, nor that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to the Mall Operators for any dealings with any other websites accessed through links provided by Digital Planet (www.digitalplanet.co.za) and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Digital Planet website (www.digitalplanet.co.za) is provided by the mall operators on an "as is" and "as available" basis. Neither the mall operators, nor their directors, employees, officers, suppliers, or service providers make any representations nor warranties of any kind, express or implied, as to the operation of the digital planet website (www.digitalplanet.co.za) nor the information, content, materials, or products included on the website. You expressly agree that your use of the Digital Planet website (www.digitalplanet.co.za) is at your sole risk. 

To the full extent permissible by South African law, the mall operators, their directors, employees, officers, suppliers, or service providers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. The mall operators do not warrant that the digital planet (www.digitalplanet.co.za) website, its servers, or any e-mail sent from digital planet (www.digitalplanet.co.za) are free of viruses or other harmful code. The mall operators will not be liable for any damages of any kind arising from the use of the digital planet website (www.digitalplanet.co.za), including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

In no event will the mall operators, their directors, employees, officers, or their suppliers or service providers be liable for lost profits or any special, incidental or consequential damages arising out of, or in connection with, the use of the Digital Planet website (www.digitalplanet.co.za), their services or this agreement (however arising, including negligence). The liability of the mall operators, their directors, employees, officers, suppliers, and service providers to you, or any third parties, in any circumstance is limited to R5 000.00.

Applicable law

The Digital Planet (www.digitalplanet.co.za) website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with Digital Planet (www.digitalplanet.co.za).

TERMS OF TRADE WITH DIGITAL PLANET (www.digitalplanet.co.za)

Invitation to do business

The products or services which appear on the Digital Planet (www.digitalplanet.co.za) website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to Digital Planet (www.digitalplanet.co.za).  Only when the Mall Operators have communicated acceptance of your offer and capability to fulfill the order will an enforceable agreement of sale be transacted. This communication of acceptance from the Digital Planet Operators can only be communicated to you once we have confirmed stock and pricing from our suppliers.

The price of any products or services sold through Digital Planet (www.digitalplanet.co.za) shall be confirmed on the acceptance of your order. Despite our best efforts, a small number of the products or services offered on the website may be mis-priced.

• If the correct price is lower than our stated price, we will charge the lower amount provided that the price difference is not too high.
• If the correct price is higher than our stated price, we will be entitled to adjust the price to reflect the correct value.

IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Digital Planet (www.digitalplanet.co.za) website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Digital Planet (www.digitalplanet.co.za).  You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.

Place and time of agreement

Agreement as to the terms of use of the Digital Planet (www.digitalplanet.co.za) website shall be deemed to have be accepted by you at the time that you first accessed the Digital Planet (www.digitalplanet.co.za) website and thereafter confirmed each time that you access the Digital Planet (www.digitalplanet.co.za) website.

Agreement to use the Digital Planet (www.digitalplanet.co.za) website and those governing all transactions that may be effected using the Digital Planet (www.digitalplanet.co.za) website shall be deemed to have taken place in Johannesburg.

All communications with Digital Planet (www.digitalplanet.co.za) facilitated by the Digital Planet (www.digitalplanet.co.za) website, the Digital Planet (Pty) Ltd call center, or email communicated between you and the Digital Planet  Operators shall be deemed to have been received, in the case of communications initiated by Digital Planet (www.digitalplanet.co.za),  when the communication leaves the Digital Planet (www.digitalplanet.co.za) website or email server, and in the case of communications initiated by you, when it is received on the Digital Planet (www.digitalplanet.co.za) website or email server. Acceptance by the Mall Operators of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Digital Planet (www.digitalplanet.co.za) website or email server.

Backorders

Due to the popularity of some products or services, the Mall Operators may not always have a products or services ordered by you in stock. The Mall Operators will accept orders for out of stock products or services to ensure that you will be able to receive the item once it becomes available. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you. Backorders will not be kept for over 3 weeks.

Electronic communications

When you visit Digital Planet (www.digitalplanet.co.za) or send e-mails to us, you are communicating with use electronically. You consent to receive communications from us electronically. The Mall Operators will communicate with you by e-mail or by posting notices on Digital Planet (www.digitalplanet.co.za) website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the Digital Planet (www.digitalplanet.co.za) website and transactions concluded using the Digital Planet (www.digitalplanet.co.za) website, as well as your intent to enter into any transaction on Digital Planet (www.digitalplanet.co.za), may be evidenced by any action by you from which this may reasonably be inferred.

Transaction History

The transaction history may be accessed by a registered customer on the Digital Planet (www.digitalplanet.co.za) website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, the Digital Planet (www.digitalplanet.co.za) call centre can be contacted. The details of such call centre are available on the Digital Planet (www.digitalplanet.co.za) website. If required the call centre will provide you with a faxed copy of your statement. Digital Planet (www.digitalplanet.co.za) shall not retain a transaction history for a period in excess of 1 (one) year.

Disclaimer of warranties and limitation of liability and applicable law

The provisions of the Disclaimer of warranties, Limitation of liability and Applicable law relating to the use of the www.digitalplanet.co.za website apply equally to the remainder of this agreement.

Return Policy

Defective items may be returned for refund or replacement subject to the following restrictions:

1.  All products must be returned in original condition including packaging, documentation, warranty cards, manuals, and accessories. Please note that if your item/s are returned and do not contain the entire package that was shipped out, you will not receive a credit.

2.  Software, games and consumables are non-refundable.

3.  Certain hardware items and all custom/special orders may only be returned for replacement and not for refund.

4.  Any returns found to be non-defective are subject to a restocking fee of 25%.

5.  If unopened goods are returned within 7 days, you will receive a refund except for items that are non refundable.

6.  Delivery fees not refunded for returns or for collecting of faulty items

7.  25% handling fee on any goods returned, and this must be within 7 days of you receiving the order

AMENDMENT TO TERMS AND CONDITIONS

The Mall Operators may amend the terms and conditions governing access to the Digital Planet (www.digitalplanet.co.za) website as well as trade using the website. The Mall Operators shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the Digital Planet (www.digitalplanet.co.za) website. Your continued use of the site however, will be regarded as an acceptance of the amended terms and conditions.

PRIVACY AND SECURITY STATEMENT

The Mall Operators know that you care how your personal information may be collected, processed and used; we appreciate your trust that the Mall Operators will do so carefully and sensibly. This notice describes the Digital Planet (www.digitalplanet.co.za) privacy policy. By visiting Digital Planet (www.digitalplanet.co.za), you are accepting the practices described in this Privacy and Security statement.

• Information You Give Us: We receive and store information you enter on the Digital Planet (www.digitalplanet.co.za) website or that you may provide on Digital Planet (www.digitalplanet.co.za) in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
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• Automatic Information: From Digital Planet (www.digitalplanet.co.za) website receives and stores certain types of information whenever you interact on the Digital Planet (www.digitalplanet.co.za) website or communicate with Digital Planet (www.digitalplanet.co.za) by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses Digital Planet (www.digitalplanet.co.za).
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• E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from the Digital Planet (www.digitalplanet.co.za) website, if your computer supports such capabilities.
• By providing the information to Digital Planet (www.digitalplanet.co.za) you consent to the Mall Operators collecting maintaining, storing and processing the information, provided that the Mall Operators shall:
• not disclose your personal information to a third party other than to effect the transactions agreed to in using the Digital Planet (www.digitalplanet.co.za) website without obtaining your express consent to do so;
• only disclose your personal information, without your consent, if legally required to do so;
• be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
• The Mall Operators shall own and retain all rights to non-personal statistical information compiled by it.

While the Mall Operators and their affiliates shall take commercially reasonable care to safeguard the information provided by you on Digital Planet (www.digitalplanet.co.za) from unauthorized access or disclosure, the Mall Operators do not represent or guarantee that the safeguards will provide absolute protection.

The Mall Operators shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.

INTELLECTUAL PROPERTY STATEMENT

Copyright in any information or trademarks displayed anywhere on the Digital Planet (www.digitalplanet.co.za) website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by the Mall Operators or by the original creator of the materials, or by suppliers and service providers to the Digital Planet (www.digitalplanet.co.za) website. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described on the Digital Planet (www.digitalplanet.co.za) website or with the prior written permission of the Mall Operators. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Digital Planet (www.digitalplanet.co.za) website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the Trust Enforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause and may be accessed at www.trustenforce.org. For all disputes regardless of where they arise, the place of the arbitration is deemed to be Johannesburg. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.

For the purposes of any arbitration and service of any legal documentation:

• you choose the email address elected by you to receive delivery of the products and
• The Mall Operators chooses 155 West Street Sandton.

By using the Digital Planet (www.digitalplanet.co.za) website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.

COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

The Mall Operators adhere to the provisions of Chapter VII of the Electronic Communications and Transactions Act25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the Digital Planet (www.digitalplanet.co.za) website, as well as the information required in terms of the Act, are provided for your reference.

Return of products or cancellation of service agreements

The Mall Operators shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within ten days of the date of receipt by you of the products or the conclusion of an agreement to provide services.

Exclusions from return of products or cancellation of service agreements

The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:

• any products and services are acquired by auction;
• the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
• to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
• where the price of the products or services depend on fluctuation in financial markets beyond the control of the Mall Operators;
• where the products are personalised or made to the customers specifications;
• where the products are perishable or will expire rapidly;
• where the products by reason of their nature cannot be returned;
• if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
• the sale of reading material in whatever form;
• the provision of any gaming or lottery services;
• the provision of accommodation, travel, transport, catering or leisure services if the Mall Operators or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period.
• the product is a voucher of any kind

Customers obligations on return of products and services

If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within ten days of the receipt of the products or services, the customer shall return to the Mall Operators or their authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by the Mall Operators or their agents, to the customer as well as an  indication of the customer’s choice to cancel the transaction.

The customer shall refund to the Mall Operators all direct expenses incurred by the Mall Operators or their authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by the Mall Operators or their authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

Digital Planet’s (www.digitalplanet.co.za) obligations on return of the products and services

Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, the Mall Operators or their authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to the Mall Operators as provided for above.

Disclosures in terms of section43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

Directors: Neil Watson, Mark Levy

Registered Office: 10A Achter Road, Paulshof, Sunninghill, Johannesburg, South Africa

Physical Address: same

Website address : www.digitalplanet.co.za

E-Mail address: orders@digitalplanet.co.za

Self regulatory or accreditation body: none. 

Address for service of all legal documents: same

Description of Services: Digital Planet (www.digitalplanet.co.za) provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the Digital Planet (www.digitalplanet.co.za) website.

Price of goods: Prices are displayed in the website and are subject to Digital Planet (www.digitalplanet.co.za) rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the Digital Planet (www.digitalplanet.co.za) website are inclusive of Value Added Tax.

Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.

Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the Digital Planet (www.digitalplanet.co.za) website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms maybe accessed on this Website, downloaded and stored, or reproduced at any time.

Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the Digital Planet (www.digitalplanet.co.za) website shall be indicated at the time that any order is accepted by Digital Planet (www.digitalplanet.co.za). A separate delivery fee ("the Delivery Fee") will be charged in addition to the price you pay for the goods that you purchase.

You can pay by EFT, ebucks, credit card and Digital Planet vouchers or the credit accumulated on prior Digital Planet purchases.

Transaction records and history: A full record of transactions effected using Digital Planet (www.digitalplanet.co.za) shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by Digital Planet (www.digitalplanet.co.za) or it’s agents. You may access this history as provided for under the clause Transaction History above.

Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.

Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.

Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the Digital Planet (www.digitalplanet.co.za) website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination

Any provision in these terms and conditions which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these terms and conditions shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of these terms and conditions, without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of such provision in any other jurisdiction.

Gift Vouchers and Competitions:

Gift Vouchers

All Digital Planet issued gift vouchers are valid for one purchase only and expire 2 months from the date in which they are issued unless otherwise stated on the voucher.

• A voucher can only be used once
• A voucher cannot be used together with another voucher unless the customer has more than one "Rand" value gift voucher
• Vouchers that are under the value of R500 will not qualify for free delivery.

What this means is that if a customer has a 10% gift voucher and a R100 gift voucher, the customer cannot combine the two vouchers. If the customer has two 10% gift vouchers, the customer cannot combine the two vouchers together. If the customer has two R50 gift vouchers, the customer can use them together.

Any abuse of a voucher will result in us cancelling the order and disabling further voucher use for the user on our system

If there are any queries about voucher use please email: voucherabuse@digitalplanet.co.za  

Competitions:

• Prizes are not transferable and/or negotiable
• Any violation or attempt to violate any of these rules will result in the immediate disqualification of all people involved.
• The judge’s decision is final and no correspondence will be entered into
• The prize will be handed over to the winner within 30 working days after the selection/draw
• By entering the competition you will be subscribed to Digital Planet`s weekly newsletter base, in which you can unsubscribe at any time.
• Subscription to Digital Planets weekly newsletter base means you will receive a regular marketing email from Digital Planet.
• By participating in any competition hosted partly or in whole by Digital Planet, participants further agree to be bound by our internet terms and conditions which are set out on www.digitalplanet.co.za
• The winner agrees to co-operate with the company in participating in any public relations exposure.
• Winners will have to verify identities, in person, by presenting a valid South African identity document or valid driver’s license
• The competition is only open to South African citizens and proof of citizenship will need to be presented by way of either a valid South African identity document of valid driver’s licence
• You may enter the competition as many times as you want to but you may not use any automated system to enter the competition.
• You will not enter people’s names in the referral who you know to have expressed not wanting to receive the competition email.
• You will only enter email addresses that you know to be valid for your referrals.
• The competition end date will be communicated under the terms and conditions of the competition page and/or in the competition itself

DIGITAL PLANET CONTACT INFORMATION