Conditions of Access
Diners Club (S.A.) (Proprietary) Limited (“Diners Club/we/us/our”) supports the Code of Banking Practice and the protection it gives you.
Thank you for visiting our website. Before you go any further it is important that you read and understand the conditions under which you will use this site.
Acceptance
These terms and conditions (“Terms”) become effective when you use our website for the first time and will create a binding agreement between you and us. The latest version of these Terms applies each time you visit our website, which includes all related pages and websites.
Online services
Before you can use our online services (including our products), you must register with us, and we must accept your registration. We may accept or reject your registration at our sole discretion (in our own judgement) without giving you reasons. Separate terms and conditions of service apply to specific online services. You can read these within the section of our website where the particular online service is provided. If there is any difference between these Terms and the specific terms and conditions of any service, the terms and conditions of that specific service will apply.
Types of information on our website
All information on our site is only intended to give you general information about us, our products, services and goals. You should not regard anything on our website as an offer but only as an invitation to do business with us.
Your privacy and security
We take your privacy and the security of your personal information very seriously. You can find out more about this in our Privacy and Security Statement.
Changes to these Terms
We may change these Terms from time to time. The latest version of these Terms applies whenever you visit our website. You agree to read the latest version each time you visit our website. A certificate (letter) signed by the administrator of this website is proof on the face of it of the date and content of the latest and any previous version of these Terms.
Live information on the website
We may use other organisations to provide information on our website. We have no control over this information and do not warrant or guarantee that it is correct or suitable for any purpose. This information is provided "as is" and we are not directly or indirectly responsible for any loss that may follow from you relying on it. All current news, market information or data shown on our website as live information is delayed by at least 15 minutes unless we tell you otherwise. You should always update or "refresh" the screen on any device to make sure that you are looking at the latest information.
Links to other websites
Our website may link to other websites with information or content from third parties. We try to only link to trustworthy third parties or systems but we are not responsible for any of this other information. If we provide a link to any other information, website, person or business, it does not mean that we have checked or approved the third party and/or the information contained on their website or other material. We do not give any warranty about any other website, software or hardware, including their security or performance. You waive (give up) any claim you may have against us for any loss or damage you may suffer because you connect to any other website or material.
Permission for linking to our website
Please note it is illegal to create any kind of link or reference to our website without first getting our written permission. We may refuse permission or grant it on certain conditions. Links that need permission include hyperlinks (automatic links in text), deep links (that go around the website's home page), frames, metatags or any similar reference, whether electronic or not. Any request to link to our website must be sent to us. We will try to answer as soon as possible. If we do not respond in writing in five business days, we have not agreed to your request. If you breach these Terms, we may take immediate legal action without telling you, and you agree to repay us our costs of this legal action on the highest scale of attorney and own client.
Our intellectual property
We keep all copyright and other intellectual property rights in all content (information) published on our website, which includes logos and other graphics and multimedia. You may view the content and copy it onto a computer or other device or storage media, and you may print and make paper copies of it, but only if:
- it is for using or deciding about the online services;
- it is not used for any commercial purposes; and
- any copy of the content from any part of our website must show our copyright notice.
The logos and trademarks on our website are our property, which includes registered and unregistered trademarks or those of other parties. Nothing on our website is a licence (permission) to use any trademark for any other purpose without first getting written permission from us or any other party that has rights to the intellectual property. You must send any request to use our content to (insert a form that will go through to Cust serv). We will try to answer as soon as possible. If we do not respond in writing in five business days, we have not agreed to your request.
Even if any content on our website is not confidential or there is no copyright in it, we own all of it and you have no rights in it.
On receiving you application, we will do our best to respond and enter into further discussion with you. If you don't get a written response from us within five business days, consider your request as having been rejected. Irrespective of the existence of copyright, you acknowledge that we are the owner of all material on the site, whether or not it constitutes confidential information, and that you have no right, title or interest in any such material.
You must use suitable hardware and software
You must use and update hardware (computer equipment) and software (computer programs) suitable for our website and the online services. If you do not, our website may not work properly and this could increase your security risks. If we offer any software to you on or through our website, the licence agreement is between you and the software licensor (owner).
You indemnify us against any breach of a software licence. We do not expressly or implicitly guarantee that any software is of good quality or suitable for its purpose.
We do not guarantee that any file, download or application available on the communication system is safe to use on any computer. We cannot guarantee that it contains no software or data that can negatively affect a computer system; such as viruses, Trojans, bombs, time-locks and other malicious software.
Risks of sending information over the Internet
Information sent over the Internet, including email, can be intercepted, seen or changed. We take steps to limit these risks as explained in our Privacy and Security Statement. Because we cannot stop all illegal activities, we are not responsible for any loss or damage you may suffer as a result. To limit risks, we may check any information you send using our website or email.
Closing, suspending or limiting the website
We may change, suspend or close our website temporarily or permanently without giving you notice. We may also limit certain services, features or functions, and we may restrict access to all or parts of any service on our website.
No warranties or representations
We do not warrant that our website or online services will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We make no guarantees at all, including in terms of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Disclaimer and Limitation of Liability
Your use of our website is dependent on factors beyond our control, for example, - network coverage or availability of your Internet service provider's services. We are not liable for any loss or damages you may suffer if an event?/an incident? beyond our control occurs,and you cannot access our website.
You use this website and the online services entirely at your own risk. You are fully responsible for any loss or damage that may result from you using or not being able to use this website or any of its content, information or any online service.
We (including our owners, agents, consultants, employees and any affiliated person) are not responsible for any loss or damages related to your use of our website. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages in terms of any contract, derelict (breach of a duty of care) or law, even if we were expressly told that any loss or damage was possible.
We are not responsible for any loss that results from:
- any technical or other problem (including interruption, malfunction, downtime or other failure) that affects our website, system or any online service or any database for any reason;
- any problem affecting any other goods or services provided by any other party, for example, any telecommunication or Internet service provider, electricity supplier, or local or other authority;
- any loss of or damage to any personal information or other data caused directly or indirectly by technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or because of your own negligence;
- any order, investment decision or purchase or disposal of goods or services (including any financial instrument or currency) from any other party based on any information on our website; or
- any event over which we have no direct control.
How disputes will be resolved
Any dispute over your use of our website or these Terms will be decided by arbitration, unless either of us applies for an interdict or other urgent legal action. The terms and conditions of any other relevant service will apply if they are different to these Terms. The arbitration will be at the offices of the Arbitration Foundation of Southern Africa (AFSA) in Sandton in South Africa under its rules and South African law. Either of us may have the arbitration award made an order of court. Both of us will keep the evidence and any award in the arbitration confidential. The arbitrator may give default judgement if any party fails to make submissions on the date they are due or fails to appear at the arbitration or both.
Capacity to enter into agreements
You warrant to us that you are legally capable of agreeing to these Terms. If you are younger than 18, or if you are not sure if you can legally enter into agreements without your legal guardian such as a parent agreeing to it with you, you must find out before you use the website.
Our certificate is initial proof of our website's contents
A letter signed by us of the operation or functionality of any part of the online services and the website’s contents on any date are accepted as correct until proved otherwise.
Our address for notices and service of legal process
Director, Legal Services
Group Legal Division
Standard Bank Centre
9th Floor
5 Simmonds Street
Johannesburg
The law that applies to these Terms
South African law applies to these Terms, despite any other country's law.
General provisions
The headings of the clauses in the conditions are provided for convenience and ease of reference only and should not be used to interpret, modify or amplify the terms of the conditions.
Where any dates or times need to be calculated in terms of the conditions, international standard time: GMT plus two hours should be used.
No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice our right to take action against you.
If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.
If you have any questions or do not understand anything in these conditions, please fill in this form - click here and we will respond to you as soon as possible
Diners Club SA
@DinersClubSA