Welcome to the VIRTUALLY CLEAR SECURE PRODUCT SPECIALISTS (PTY) LIMITED (hereinafter referred to as “VIRTUALLY CLEAR”) website (www.virtuallyclear.co.za).
Start of Terms
VIRTUALLY CLEAR grants you a limited non-exclusive license to access and make personal use of the VIRTUALLY CLEAR website. You are not allowed to modify the VIRTUALLY CLEAR website or any portion thereof without the prior written consent of VIRTUALLY CLEAR.
Any attempt, whether successful or unsuccessful, to interfere with the data displayed on the VIRTUALLY CLEAR website or code used in the operation of the VIRTUALLY CLEAR website, is unlawful and constitutes an offence in terms of the provisions of section 86 of the Electronic Communications Act 25 of 2002.
This license does not permit any resale or commercial use of the VIRTUALLY CLEAR website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the VIRTUALLY CLEAR website or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools.
The VIRTUALLY CLEAR website or any portion of the VIRTUALLY CLEAR website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of VIRTUALLY CLEAR.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VIRTUALLY CLEAR and our affiliates or our customers whose trade marks, logos or other proprietary information may be displayed on the VIRTUALLY CLEAR website, without prior written consent of VIRTUALLY CLEAR.
You may not use any meta tags or any other “hidden text” utilizing the VIRTUALLY CLEAR name or trademarks without the prior written consent of VIRTUALLY CLEAR. Any unauthorized use terminates the permission or license granted by VIRTUALLY CLEAR to use this website.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the VIRTUALLY CLEAR website so long as the link does not portray VIRTUALLY CLEAR, its affiliates or customers, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any VIRTUALLY CLEAR logo or other proprietary image or trademark, or those of its affiliates or customers, as part of the link without prior written permission of the owner of the logo, image or trademark.
VIRTUALLY CLEAR may provide links from the VIRTUALLY CLEAR website to other websites which may offer services to you. VIRTUALLY CLEAR is not responsible for evaluating the content or offerings made on these websites. VIRTUALLY CLEAR does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to VIRTUALLY CLEAR for any dealings with any other websites accessed through links provided by VIRTUALLY CLEAR 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 VIRTUALLY CLEAR WEBSITE IS PROVIDED BY VIRTUALLY CLEAR ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER VIRTUALLY CLEAR, NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VIRTUALLY CLEAR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VIRTUALLY CLEAR WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, VIRTUALLY CLEAR, ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIRTUALLY CLEAR DOES NOT WARRANT THAT THE VIRTUALLY CLEAR WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM VIRTUALLY CLEAR ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. VIRTUALLY CLEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE VIRTUALLY CLEAR WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL VIRTUALLY CLEAR, ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS 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 VIRTUALLY CLEAR WEBSITE, SERVICES PROVIDED BY VIRTUALLY CLEAR ON ITS WEBSITE OR PROVIDED USING THE MEDIUM OF ITS WEBSITE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
The VIRTUALLY CLEAR website and all services, communications and transactions facilitated by use of the website (whether for gain or at no charge), 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 VIRTUALLY CLEAR.
When you visit the VIRTUALLY CLEAR website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. VIRTUALLY CLEAR will communicate with you by e-mail or by posting notices on the VIRTUALLY CLEAR 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 VIRTUALLY CLEAR website and transactions concluded using the VIRTUALLY CLEAR website, as well as your intent to enter into any transaction with VIRTUALLY CLEAR, may be evidenced by any action by you from which this may reasonably be inferred.
Amendment to terms and conditions
VIRTUALLY CLEAR may amend the terms and conditions governing access to the VIRTUALLY CLEAR website. VIRTUALLY CLEAR shall also be entitled to amend any terms of trade or terms governing any service accessed through this website. If you do not agree with the amended terms you shall immediately give notice to VIRTUALLY CLEAR of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.
Intellectual property statement
Copyright of any information or trade marks displayed anywhere on the VIRTUALLY CLEAR website is protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by VIRTUALLY CLEAR, the original creator of the materials, or by suppliers and service providers to VIRTUALLY CLEAR. 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 by VIRTUALLY CLEAR or with the prior written permission VIRTUALLY CLEAR. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the VIRTUALLY CLEAR website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Any dispute which arises relating to the use of the VIRTUALLY CLEAR website or the privacy and security of any person or information provided on the VIRTUALLY CLEAR website shall be referred to an attorney with not less than 10 (ten) years experience who has specialist knowledge of the use of websites and the law relating to websites. This attorney will be appointed by VIRTUALLY CLEAR. By using the website you consent to the resolution of disputes as stipulated.