Step 1 of 3: General Info
Terms & Conditions
Important Information
You should carefully read the following Terms and Conditions. Your purchase or use of our products
implies that you have read and accepted these Terms and Conditions.
Terms and Conditions
This page was last updated on 3 June, 2010 and may change from time to time, as stated in the terms
below.
By accessing, using any functionality, or making a purchase through www.DIY-Metrics.com (the
"Website"), or by making any purchase from DIY-Metrics.com, you, the user of this site,("you" or
"user") enters into the following agreement with Enterprise Dynamics C.C. ("Enterprise Dynamics",
"DIY-Metrics.com", "we" or "us", "ourselves").
We offer this website, including all information, software applications, products and services available
from this website or offered as part of or in conjunction with this site, (the "Service") to you, the user,
conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here.
Your continued use of the Website constitutes your agreement to all such terms, conditions and notices.
As a condition to your continued use of the Website, you agree that you will not use the Website for any
purpose that is unlawful or prohibited by these terms and conditions of use.
Exclusion of Liability
Under no circumstances, including negligence, shall we or anyone else involved in creating, producing,
storing or distributing the website be liable for any direct, indirect, incidental, special or consequential
damages arising out of or in any way connected with use of the website, delay or inability to use the
website, or for any information, software, products or services obtained through the website, whether
such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility
of such damages.
The information, software, products, and services included in or available through the DIYMetrics.
com sites/services may include inaccuracies or typographical errors.
Changes are periodically made to the DIY-Metrics.com sites/services and to the information therein.
DIY-Metrics.com may make improvements and/or changes in DIY-Metrics.com sites/services at any
time.
DIY-Metrics.com make no claims about the suitability, reliability, availability, timeliness, lack of
viruses or other harmful components and accuracy of the information, software, products, services and
related graphics contained within the DIY-Metrics.com sites/services for any purpose. all such
information, software, products, services and related graphics are provided "as is" without warranty of
any kind.
DIY-Metrics.com hereby disclaim all warranties and conditions with regard to this information,
software, products, services and related graphics, including all implied warranties and conditions of
merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that DIY-Metrics.com shall not be responsible for unauthorized access to or
alteration of your transmissions or data, or any transactions entered into through a DIY-Metrics.com
site/service.
You specifically agree that DIY-Metrics.com is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. you specifically agree that DIY-Metrics.com is
not responsible for any content sent using and/or included in a DIY-Metrics.com site/service by any
third party.
If you are dissatisfied with any portion of the DIY-Metrics.com sites/services, or with any of these
terms of use, your exclusive option is to cease using the DIY-Metrics.com sites/services.
Your Use of This Site
As a condition to your continued use of the website, you agree that you will not use this website for any
purpose that is unlawful or prohibited by these Terms of Use.
You understand that all information, data, text, software, sound, images, video, messages or other
materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you, and not DIY-Metrics.com, are
entirely responsible for all Content that you post, email, upload, transmit or otherwise make available
via the Software Application Service. DIY-Metrics.com does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The User agrees not to attempt to damage, deny service to, modify or otherwise interfere with DIYMetrics.
com's web site in any manner. If the User in any way interferes with DIY-Metrics.com's web
site, the User agrees to pay all damages incurred by DIY-Metrics.com, including any consequential
damages, and agrees that the measure of hard to determine damages will be the highest estimate of
damages as provided by DIY-Metrics.com. User's interference with DIY-Metrics.com's web site
relieves DIY-Metrics.com of any of its contractual or other legal obligations to User, including DIYMetrics.
com's obligations under its Privacy Policy. DIY-Metrics.com will cooperate with the authorities
in prosecuting any User who interferes with DIY-Metrics.com's web site, attempts to defraud DIYMetrics.
com, or attempts to defraud credit card companies or any other parties through User's use of
DIY-Metrics.com's web site or services.
The User agrees to not use the Service to:
- Post, email, upload, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a DIY-Metrics.com
representative, or falsely state or otherwise misrepresent your affiliation with a person or
entity;
- Post, email, upload, transmit or otherwise make available any Content that you do not have
a right to make available under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
- Post, email, upload, transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Post, email, upload, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "spam," "chain letters," "junk mail," "pyramid
schemes," or any other form of solicitation;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the
Service;
- Intentionally or unintentionally violate any applicable local, state, national or international
law.
legal obligations to User, including DIY-Metrics.com's obligations under its Privacy Policy.
DIY-Metrics.com reserves the right to refuse any or all service to any User for any reason, at any time,
at DIY-Metrics.com's sole discretion. User agrees that DIY-Metrics.com may block its IP address or
addresses at any time, and at DIY-Metrics.com's sole discretion, thereby disallowing User's continued
use of DIY-Metrics.com's web site.
Spam Agreement
All emails sent to respondents of surveys must contain an "unsubscribe" link allowing respondents to
remove themselves from your email list. You agree not to hide, remove, disable or otherwise attempt a
denial of this feature to respondents.
You agree to process unsubscribe requests within 14 days of submission. You agree to ensure that your
use of the Service does not generate a number of spam complaints that exceed industry standards.
Subscriber accounts will be terminated for sending unsolicited email messages. All recipients sent to
must have opted in to receiving communications from you, the sender.
You can only use DIY-Metrics to send emails to lists of people that gave you permission to email them.
If you don't have proof that each recipient on your list opted in for your emails, don't upload their
details to DIY-Metrics.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. DIY-Metrics will
terminate accounts that violate this rule.
You may not mail to newsgroups, message boards, distribution lists, or unsolicited email addresses.
You agree that you shall not utilize the Service to send any commercial electronic mail messages to any
recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you.
User Accounts
Upon registration, you will receive a username and password. You are responsible for maintaining the
security and confidentiality of the username and password, and are fully responsible for all activities
that occur under your password or account. You agree to immediately notify DIY-Metrics.com of any
unauthorized use of your password or account or any other breach of security. DIY-Metrics.com cannot
and will not be liable for any loss or damage arising from your failure to comply with this Section.
Billing terms
You agree to pay all applicable charges under this agreement, including any applicable taxes or charges
imposed by any government entity, and that DIY-Metrics.com may change its minimum pricing at any
time. The User must supply DIY-Metrics.com with correct credit card / billing information, and any
changes in credit card validity or expiration date must be updated. DIY-Metrics.com will automatically
renew and charge User's account every month, quarter, or year for subscriptions. The renewal charge
will be equal to the original subscription price, unless DIY-Metrics.com notifies the User otherwise in
advance. If the credit card cannot be processed for any reason, DIY-Metrics.com reserves the right to
cancel the service.
Privacy Policy
You can find our Privacy Policy here. Privacy Policy
Copyright Notification
Except for material in the public domain under South African copyright law, all material contained on
the Website is protected by South African and foreign copyright laws. Except as otherwise expressly
provided in these terms and conditions, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material
contained on the Website without the prior consent of the copyright owner.
All title and copyrights in and to the Service are owned by DIY-Metrics.com. All title and intellectual
property rights in and to the content which may be accessed through use of the Service is the property
of the respective content owner and also may be protected by applicable copyright or other intellectual
property laws and treaties.
Links to Third Party Web Sites
DIY-Metrics.com makes no claims or representations about any Web Site not under DIY-Metrics's
control that a User may access from DIY-Metrics.com's web site by link, frame, or any other means
("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by DIYMetrics.
com or otherwise on DIY-Metrics.com's web site does not constitute DIY-Metrics.com's
endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site
or the operators of that Linked Site.
Prohibited Use
If you are viewing or retrieving any part of our site with malicious intent, or if you intend on using any
code or content to criticise our business in any way to any third party, or to hamper, cause damage or to
attempt to stop the business from running in it's normal day to day dealings, you agree that you will
fully compensate us any revenue that has been lost as a result from such action, and that you will pay
the maximum interest allowed by law. You further agree to pay all the legal and investigative costs
arising from any action that will be taken.
By viewing this site, you agree that we have been given your full permission to retrieve your details
from any other party without the requirement for any legal documents or formalities, and that if it is
suspected that your intent is to cause harm to our business, that any terms and conditions applied by
any third party to protect your identity or privacy, will immediately become null and void.
Termination of Privileges
We reserve the right to terminate your privilege of using all or any portion of the Website if you breach
any of these terms and conditions of use. If we receive notice or otherwise discover that you have
posted material that infringes another party's copyright rights or violates another party's rights of
privacy or publicity, we may terminate your access to the Website, including all of your privileges or
accounts that you may have established in connection with the Website.
General
These Terms and Conditions constitute the entire agreement and understanding between you and
ourselves with respect to use of the Website, superseding all prior or contemporaneous communications
and/or proposals. Enterprise Dynamics reserves the right to make changes to these Terms and
Conditions immediately by posting the changed Terms and Conditions in this location. By continuing
to use the Website, you are agreeing to all changes made by us.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the
agreement will remain in place. These Terms of Use constitute the entire agreement and understanding
between you and DIY-Metrics.com with respect to use of the website, superseding all prior or
contemporaneous communications. A printed version of these Terms of Use shall be admissible in
judicial or administrative proceedings based on or relating to use of the website to the same extent and
subject to the same conditions as other business documents and records originally generated and
maintained in printed form.
How to Contact Us
Enterprise Dynamics chooses as its domicilium citandi et executandi (ie its address) for all purposes
under these Terms and Conditions, whether in respect of court process, notice, or other documents or
communication of whatsoever nature, the following address: 16 Troupant Street, Stellenbosch, 7500,
South Africa.