The Terms and Conditions (“Terms”) govern the use of the Dynamic Vision – Northgate Optometrists (“Website”). By checking the “I accept the Terms and Conditions” option or by continued use of the Dynamic Vision – Northgate Optometrists website, the User agrees to be bound by the Terms as set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute any content obtained from the website.

Definitions

In these Terms, unless otherwise required or indicated by the context:

• “Dynamic Vision” shall mean Dynamic Vision Network (Pty) Ltd, a South African based private company, duly registered as such, with registration number 1998/019372/07 with its registered address at 13 Crestleigh, Cnr of Weltevreden and Badenhorst Road, Northcliff, Gauteng, 2115, South Africa or its affiliates, subsidiaries, branches or agents;
• “Personal Information” means any information that may be used to identify a specific person (whether it is a natural or juristic person);
• “System Data” shall mean usage, transactional and device-related data that is collected automatically by Dynamic Vision;
• “User” shall mean any person who accesses or uses the website;
• “User Data” shall mean any data or content entered or captured by a User by means of the website, including data needed by the website to allow the User to view any content;
• “website” shall mean the Dynamic Vision website for Dynamic Vision services within South Africa that is located at the domain name https://northgateoptom.co.za; including derivative web-applications for use by the User’s direct reports managers, colleagues and others granted access to same, by the User;

Dynamic Vision Website

Dynamic Vision Optometrists is a group of highly skilled independent optometrists that was founded in 1998. These Terms regulate the use of the Dynamic Vision website, which is developed, owned and copy righted by Dynamic Vision.  Dynamic Vision’s web-based platforms may include advertisement by other businesses – the presence of any particular business’ brand or advertisement displayed by Dynamic Vision does not mean that there is any affiliation of association between it and such other businesses.

COVID Notice

Dynamic Vision upholds all COVID-19 related legislation and regulations and has the necessary safety protocols in place to ensure that its services are provided safely.

Amendments to the Terms

Dynamic Vision may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted on the Dynamic Vision website. Dynamic Vision will notify the User of the by posting a prominent notice on the Dynamic Vision website. The User’s continued use of the Dynamic Vision website following the posting of changes or updates will be considered notice of the User’s acceptance of the updated clauses in the Terms, including any changes or updates.

Indemnity and Limitation of Liability

Subject to the Privacy Notice, contained on the website, the Dynamic Vision website and all content on the Dynamic Vision website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Dynamic Vision, its suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. Dynamic Vision makes no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an internet link.

None of the content, including any information or articles published pertaining to specific aspects of the business of Dynamic Vision, must be construed as advice in respect of such aspect. Dynamic Vision, its suppliers, employees, directors, partners, affiliates, nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User.

Neither Dynamic Vision nor any holding company, affiliate, agent, subsidiary of Dynamic Vision or owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the Dynamic Vision website or any functionality, or of any linked website to the extent permissible by law.

The User indemnifies Dynamic Vision against any loss or damages (direct, indirect and consequential) that Dynamic Vision may suffer because:

• The User gave us wrong instructions or wrong information; or
• An unauthorised third party carried out an instruction or made a payment without the User’s permission, on their behalf.

The User acknowledges and agrees that the Terms are entered into between the User and Dynamic Vision and does not govern the relationship between the User and any third party.

Complaints and Disputes

Users can file complaints by means of sending the details of the dispute to any particular branch. Currently, Dynamic Vision does not subscribe to any alternative dispute resolution code or mechanism and a User may call upon private Arbitration proceedings (not through AFSA) should a Dispute not be resolved through the internal channels available.

Disclaimers

The User’s use of the Dynamic Vision website is dependent on factors beyond Dynamic Vision control, such as the User’s network coverage or network availability as well as or their device’s proficiency and/or capacity.

Dynamic Vision is not liable of any loss or damages the User may suffer if a factor beyond Dynamic Vision control arises and you cannot access the Dynamic Vision website.

Dynamic Vision nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to User’s use of the Dynamic Vision website or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.

Dynamic Vision is not responsible for any loss or damage where:

• Any technical interruption, malfunction, downtime or other failure that affects the Dynamic Vision website, a third-party system or any part of any database for any reason;
• Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the User’s own negligence; or any other reason flowing from the use of the Dynamic Vision website;
• Any failure or problem that affects services provided by any other party for example any ISP, electricity supplier, local or other authority; or
• Any event that Dynamic Vision has no control over.

COPYRIGHT AND INTELLECTUAL PROPERTY

“Intellectual Property” shall mean with limitation, all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with the foregoing; copyright and copyrightable works, including, but not limited to, all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.

Content displayed on the website is provided by Dynamic Vision, its affiliates or subsidiary, or any other third-party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third-party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.

Dynamic Vision may make any changes to the website, the Content, or to products or services offered through the website at any time and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in the Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Certain content available on the Dynamic Vision website may include content that belongs to third parties. Dynamic Vision may provide links to third-party websites, as a convenience to the User.

User agrees that Dynamic Vision is not liable for any of the following:

• The content or the accuracy of any such content belonging to third parties, including, but not limited to any merchants, featured on the Dynamic Vision website;
• Any content featured on the third-party websites that are accessed through the links found on the Dynamic Vision

The User acknowledges that:

• They will not make any representations that they have any rights of any nature in any present and/or future Intellectual Property belonging to Dynamic Vision and/or any third parties featured on the Dynamic Vision website;
• They will not use Dynamic Vision and/or any third-party Intellectual Property that is featured on the present Dynamic Vision website present and/or future Intellectual Property in any manner whatsoever or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in any other country;
• They will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair Dynamic Vision goodwill; and

They will not use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta-tags, meta descriptors, electronic mail (email) addresses, server names, or search-engine markers or anything that is identical to, contained in whole or in part, or is otherwise similar to Dynamic Vision present and/or future Intellectual Property in any country.

The User indemnifies Dynamic Vision against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against Dynamic Vision relating to the User ‘s unauthorised use of the Dynamic Vision website, the content thereon and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.

Any breach of the terms under this clause entitles Dynamic Vision, in addition to their normal common law remedies, to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action to Dynamic Vision.

Refunds

Except when required by law, paid amounts for Dynamic Vision services purchased are non-refundable.

Availability of the Service

Standard data costs will be charged when a User utilises the Dynamic Vision website. These costs are charged by the User’s mobile network operator or internet service provider, and Dynamic Vision will in no way be held liable for any claim arising from these data costs including any claims of heightened data usage. Any questions related to a User’s data costs must be referred to their individual mobile network operator or internet service provider.

The Dynamic Vision website service may be interrupted for the one or more of following reasons, including but not limited to maintenance, repairs, upgrades, or network or equipment failures. Dynamic Vision may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time.

Events beyond the control of Dynamic Vision may affect the services offered. Such events may include events of force majeure.

Breach

Dynamic Vision may suspend or disconnect the User from using the Dynamic Vision website if they are in breach of a clause as contained in these Terms and do not remedy the breach within 5 (five) days after Dynamic Vision has requested them to do so. Dynamic Vision may still take other steps available to them, including applying to a court for an urgent interdict against the User.

User Feedback

Feedback provided by the User to Dynamic Vision about any aspect or feature of the Dynamic Vision website may be used by Dynamic Vision without any obligation to the User.

Jurisdiction

The Dynamic Vision website is controlled, operated and administered by Dynamic Vision from its offices within the Republic of South Africa.

Any agreement or dispute will be governed by the laws of the Republic of South Africa.

If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.

General

These Terms contain all the provisions agreed on by the Parties with regard to the use of the content and the Dynamic Vision website and the Parties waive the right to rely on any alleged provision not expressly contained in these Terms. No contract varying, adding to, deleting from or cancelling these Terms, and no waiver of any right under these Terms, by the User shall be effective unless reduced to writing and signed by or on behalf of the Parties.

The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses.

Dynamic Vision may terminate the Dynamic Vision website any time, without notice.

Notices

Dynamic Vision will send any legal documents or notices to you to the email address registered on system. Dynamic Vision will regard a communication sent by email as having been received by the User one day after it was sent. Any legal document of notice to be served in legal proceedings must be written on paper.

Distribution and Communication by Email

Any email communication received from Dynamic Vision is privileged and confidential and for the use of the intended User only. If a User receives an email in error, please notify Dynamic Vision directly and delete the email and any attachments. Unauthorized use, disclosure or copying of the contents of an email received in error, or any similar action, is prohibited. WARNING: From time to time, Dynamic Vision spam scanners may eliminate legitimate email from a User. There is a duty on the User to ensure Dynamic Vision acknowledges receipt of the User’s instruction.