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Terms of use

TERMS AND CONDITIONS FOR THE USE OF THE VIA SOFT WEBSITE

ALL PERSONS WHO ACCESS THE VIA SOFT WEBSITE ARE BOUND BY THESE TERMS AND CONDITIONS, WHICH ARE ENFORCEABLE IN TERMS OF SECTIONS 11(3) & 12 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

USERS WHO DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WEBSITE, MAY NOT ACCESS, DISPLAY, USE, DOWNLOAD AND/OR OTHERWISE COPY OR DISTRIBUTE CONTENT OBTAINED ON THE WEBSITE.

DEFINITIONS AND INTERPRETATION

  1. “VIA SOFT” refers to VIA Soft (Pty) Ltd.
  2. “THE VIA SOFT WEBSITE” means the VIA Soft website located at www.viasoft.co.za.
  3. “User” means any person that opens, enters and/or uses the VIA Soft website.
  4. In terms of section 11 of the ECT Act 25 of 2002, hyperlinks, copyright notices and legislation referred to in these terms and conditions are deemed to form a part hereof.
  5. Determination of the validity and interpretation of these terms and conditions shall not be affected by any non-operational hyperlink.

PRIVACY POLICY

  1. VIA Soft will take all reasonable steps to protect the personal information of all users as outlined in the Protection of Personal Information Act, Act 4 of 2013, and as such, subscribes to the principles outlined in section 51 of the Electronic Communications and Transactions Act 25 of 2002, which governs the user’s right to privacy of personal information. In terms of this clause, “personal information” shall be defined as in section 1 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
  2. VIA Soft shall only use the personal or proprietary particulars submitted by users to VIA Soft via the contact form on the VIA Soft website strictly in accordance with the Protection of Personal Information act to respond to any specific request for information that a user has made in such communication, and will not use this information in any other way or disclose it to any third party without express written consent, unless required to do so by law.
  3. The protection and integrity of personal information remain the ultimate responsibility of the user. Should you suspect anything irregular, it is your duty to inform VIA Soft without delay.

HYPERLINKS

  1. No person, business or website may link to any page on this site without prior written consent from VIA Soft.
  2. Although hyperlinks are provided on the VIA Soft website to webpages that do not form part of VIA Soft, such links do not imply any endorsement, agreement on, or support for the content of such other webpages.
  3. VIA Soft is in no way responsible or liable for the content of, or access/lack of access to, such webpages not forming part of VIA Soft.

DISCLAIMER (WEBSITE)

  1. VIA Soft (including its owners, directors, employees, suppliers, internet service providers, affiliates and/or agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from, inter alia, the following:
    1. Use of the VIA Soft website
    2. Inability to use the VIA Soft website
    3. Access or lack of access to the VIA Soft website
    4. Access or lack of access to websites linked to the VIA Soft website
    5. Services provided by the VIA Soft website
    6. Content or information provided on the VIA Soft website
    7. Downloads and/or use of content from the VIA Soft website
    8. Any other reason not directly related to VIA Soft’s gross negligence
  2. VIA Soft makes no express or implied representations or warranties that the content and service available from this website are free from errors or omissions, or that the service will be 100% uninterrupted and error-free. Users are encouraged to report any malfunctions and/or errors.
  3. This website is available to any user with access to the worldwide web to view ‘as is’, and has not been compiled or designed to meet each user’s individual requirements. VIA Soft will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements. Users are encouraged to give feedback or comments on the site.

DISCLAIMER (E-MAIL)

  1. The information in or attached to e-mail messages from VIA Soft is confidential and only intended for the person or entity to which it is addressed. Furthermore, the information may be subject to legal privilege and client confidentiality. If you receive an e-mail from VIA Soft in error, please notify the sender by return e-mail, and delete the material from your computer system. Any review, retransmission, dissemination or other use of, or taking of any action reliant upon, this information by persons or entities other than the intended recipient is prohibited.
  2. VIA Soft cannot be held liable for any harm or loss resulting from malicious software code or viruses in e-mail messages or attachments, including data corruption resulting therefrom. Employees or representatives of VIA Soft are not permitted to send unsolicited messages (“spam”), and VIA Soft cannot be held liable for their sending of such mail should this happen.

SECURITY

  1. Any person who delivers or attempts to deliver any damaging/malicious software code to the VIA Soft website in order to gain unauthorised access to any page, tamper with any of the content or pages or duplicate such pages or content, will be prosecuted to the full extent of the law, and civil damages will be claimed should VIA Soft suffer any loss or damages as a result of such actions.
  2. VIA Soft will take reasonable steps to ensure the security of the content of the VIA Soft website (including information provided and collected from users) from unauthorised access or disclosure. Although VIA Soft takes reasonable steps to ensure security, VIA Soft does not make any representation or warranties that the content will be 100% secure.
  3. VIA Soft has no legal obligation to encrypt any content or communications from and to the VIA Soft website. Furthermore, there is no legal obligation for VIA Soft to provide digital authentication for any pages on the VIA Soft website.
  4. Users are prohibited from creating, distributing or using any program, instrument or device to breach the security measures in place on the VIA Soft website and VIA Soft will claim damages against any and all persons concerned with any such breach or security failure.
  5. Users will be liable for all consequential loss or damages incurred by VIA Soft (including its owners, directors, employees, suppliers, internet service providers, affiliates and agents) in the event that a user commits any offence referred to in sections 85 to 88 of the ECT Act 25 of 2002.

GOVERNING LAW

  1. South African law and the jurisdiction of the South African courts shall govern any action or claim that may arise from the use of, or inability to use the VIA Soft website. 

WHOLE AGREEMENT AND SEVERABILITY

  1. These terms and conditions constitute the whole agreement between VIA Soft and the user, and no terms and conditions that are not expressly stated in this agreement may be implied by either party.
  2. No failure by VIA Soft to exercise or enforce any right or provision shall constitute a waiver of such right or provision.
  3. Term(s) and/or condition(s) on the VIA Soft website shall be severable from the remaining term(s) and/or condition(s) in the event such term(s) and/or condition(s) are found to be unenforceable or invalid for any reason. The remaining terms and conditions shall remain enforceable and applicable.

UPDATING OF THESE TERMS AND CONDITIONS

  1. VIA Soft reserves the right to change, modify, add to or remove from portions or the whole of these terms and/or conditions at any time without notice. Changes to these terms and/or conditions will become effective upon such changes being posted on the VIA Soft website.
  2. It is the user’s obligation to periodically check these terms and/or conditions on the VIA Soft website for changes or updates.
  3. The user’s continued use of the VIA Soft website following the posting of changes or updates will be considered notice of the user’s acceptance to abide and be bound by these terms and conditions, including such changes or updates.

PAIA – THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000

  1. VIA Soft will provide information and documents by procedural request in accordance with the regulations and recommendations of the South African Human Rights Commission in respect of the promotion of access to information.

INTELLECTUAL PROPERTY RIGHTS AND USE OF DOMAIN NAME

  1. Content currently on/or anticipated to be displayed on the VIA Soft website is the property of VIA Soft, its affiliates and/or subsidiaries or any other, third-party owners of such content, and includes but is not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks (“the content”) and, as such, is protected from infringement by domestic and international legislation and treaties.
  2. All rights to intellectual property on the VIA Soft website are expressly reserved. Therefore, the content may only be used with the prior written permission of an authorised representative of VIA Soft.
  3. Except as specified in these terms and conditions, the user is not granted a licence or any other right without limitation under copyright, trademarks, patents or other intellectual property rights in or to the content.
  4. No person, business or website may frame and/or hyperlink the VIA Soft website or any of the pages in any way whatsoever without the prior written permission of an authorised representative of VIA Soft.

PROPRIETARY INFORMATION

  1. VIA SOFT (PROPRIETARY) LIMITED, Registration no: 2009/000714/07 DIRECTORS A van der Linde | P Hiemstra | M van der Linde | S Geyser
VIA SOFT (PROPRIETARY) LIMITED, company registration no: 2009/000714/07