These Terms of Service (“Terms”) are effective as of : 1 September 2022 “Effective Date”
Read these terms carefully before browsing this website.
Your continued use of this website indicates you have both read and accepted these terms.
You can not use this website if you do not accept these terms.
All sections of these terms are applicable to all Browsers unless the section expressly states otherwise.
1.1 The website https://www.daggadiaries.com (“the Website”) is operated and/or owned by Dagga Diaries (Sole Proprietor) (hereinafter referred to as "Dagga Diaries", "we", “our" or "us"). The Terms herein are entered into by and between Dagga Diaries and the Browser. Any reference to "Dagga Diaries", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, subcontractors, service providers and suppliers.
1.2 These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to any Browser who accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “Browser”, "you" or "your").
1.3 Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4 To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.
2.1 “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website;
2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours;
2.3 "Party” or “Parties” shall mean Dagga Diaries and/or or the Browser as the context implies;
2.4 “Services” shall refer to the Services provided by us to the Browser as set out in 4 below;
2.5 “Terms” shall mean these Terms of Service as read together with the Privacy Policy; and
2.6 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3.1 Subject to, and on the basis of a Browser's acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
4.1 The latest cannabis news from Africa.
5.1 We make no representation or warranty (express or implied) that the Website will:
5.1.1 meet a Browser's needs;
5.1.2 be accessible at all times;
5.1.3 be accurate, complete or current; or
5.1.4 be free from viruses.
5.2 Dagga Diaries makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
5.3 Dagga Diaries does not warrant that the use of the Website will be uninterrupted or error free, nor does Dagga Diaries warrant that we will review information for accuracy.
5.4 Dagga Diaries shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Dagga Diaries. While a Browser may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
6.1 A Browser may not use the Website for any objectionable or unlawful purpose.
6.2 A Browser undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
6.3 A Browser shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
6.4 A Browser may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
6.5 A Browser may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
6.6 A Browser understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.
7.1 The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the Browser agrees that we are not responsible for and will have no liability in connection with a Browser's access to or use of any third-party website.
8.1 The Website shall be used entirely at a Browser's own risk.
8.2 We are not responsible for, and the Browser agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person's use of or conduct in connection with the Website, in any circumstance.
8.3 We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A Browser is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
8.4 A Browser indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a Browser's improper use of or conduct in connection with the Website, including any breach by a Browser of these terms or any applicable law or licensing requirements.
8.5 To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a Browser's use of the Website.
8.6 To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a Browser will be limited to the minimum amount imposed by such law.
8.7 Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.
9.1 Dagga Diaries and the contents of the Website are the property of Dagga Diaries, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
9.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
9.3 Browsers are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
9.4 The Browser is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A Browser may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
9.5 All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of Dagga Diaries.
10.1 A Browser undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
10.2 We own or are licensed to use all intellectual property on the Website. A Browser may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
11.1 We may assign or novate any of our rights or obligations under these Terms without a Browser's consent. A Browser may not assign or novate any of his/her rights.
12.1 If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
13.1 Dagga Diaries choose as their contact information for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
13.1.1 Email: daggadiaries@protonmail.com.
13.2 All notices to be given in terms of these Terms will:
13.2.1 be delivered or sent by email; and
13.2.2 be presumed to have been received on the date of delivery.
14.1 To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
14.2 To the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the South Gauteng High Court in Johannesburg or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.