LEGAL TERMS AND CONDITIONS – SECURE SERVICES (SSA)
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1. Any reference herein to "OptiClear (Pty) Ltd." shall be deemed to include OptiClear (Pty) Ltd., as well as all the legal entities in which OptiClear (Pty) Ltd. has a direct controlling interest or an indirect controlling interest through another company or through other companies (the “OptiClear (Pty) Ltd. Group”).
2. I guarantee that the information provided in my application for a Secure Services Online Account is accurate, truthful and correct. I further guarantee that the information provided/that I may in future provide in my application for any of the restricted internet services is/will be accurate, truthful and correct.
3. I acknowledge that the user number issued to me for purposes of providing me with access to OptiClear (Pty) Ltd.’s restricted internet services is OptiClear (Pty) Ltd.'s property and may be revoked or suspended by OptiClear (Pty) Ltd. at any time.
4. I further acknowledge that my aforesaid user number (and consequently also my access to OptiClear (Pty) Ltd.’s restricted internet services) shall be revoked should I breach any of these terms or conditions or any of the terms and conditions pertaining to a particular restricted internet service.
5. I agree that OptiClear (Pty) Ltd.:
5.1 may at any time and without notice to me, amend the information contained on its website or change or terminate any of the services and tools provided on the website;
5.2 shall be entitled to change these terms and conditions at its discretion. The changed/new terms and conditions shall be reflected on OptiClear (Pty) Ltd.’s website. Should I use or transact on OptiClear (Pty) Ltd.’s website after amendments have been made to these pages, I shall be regarded as having read and agreed to the amended terms. Should I not agree to the changed terms and conditions I shall be entitled to terminate my OptiClear (Pty) Ltd. Secure Services Online Account by giving written notice of termination to OptiClear (Pty) Ltd..
6. I acknowledge that OptiClear (Pty) Ltd. does not and has not given or made any guarantees or representations of any kind regarding the accuracy, applicability or content of the information, services and/or tools provided on the website. Although reasonable care is exercised by OptiClear (Pty) Ltd. in the compilation of such information, services and tools, OptiClear (Pty) Ltd. does not accept liability for any loss, damage or expense that may be incurred as a direct or indirect consequence of reliance placed thereon and we suggest that, before taking any decisions based thereon, you first consult your professional adviser/s.
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User Responsibilities
7. I shall keep my user number and password confidential and shall not allow others access thereto or the use thereof.
8. Should I become aware of any breach or attempted breach of OptiClear (Pty) Ltd.'s data security I shall inform OptiClear (Pty) Ltd.'s management or the OptiClear (Pty) Ltd. internet operations manager without delay and in writing.
9. I agree to have a personal email address at all times and that all communications from OptiClear (Pty) Ltd. with regard to services provided or updates to the Secure Services site will be communicated to me via this personal email address. I agree to notify OptiClear (Pty) Ltd. of any changes to my personal email address by using “Self Service” on the OptiClear (Pty) Ltd. Secure Services website.
10. Should the business service/restricted internet service for which I apply require face-to-face identification, I agree to personally accept my Temporary PIN or Proof of Authorisation (and sign a "proof of delivery" document) from the secure courier. I agree to present the courier with an original, valid SA identity document in order to verify my identity.
11. I shall notify OptiClear (Pty) Ltd. of any legal disability or change in my legal status including being placed under an administration order or under curatorship or being sequestrated.
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Liability
12. I agree to bear full responsibility for all activities that take place on my Secure Services Online Account, should I:
12.1 notwithstanding the undertaking in 7 above, share my access rights with any other person by disclosing or allowing others to gain knowledge of my user number and password; or
12.2 leave my browser unattended while in an active browser session; or
12.3 fail to log off after each session and clear my browser history; or
12.4 in any other manner conduct or access my Secure Services Online Account carelessly or negligently.
13. I acknowledge and accept that any use of my Secure Services Online Account is at my own risk. Without limiting the generality of the aforesaid, I acknowledge that OptiClear (Pty) Ltd. will not, under any circumstances, be liable to me for any loss or damages (including consequential, direct, indirect, special, punitive or incidental damages) arising from:
13.1 any defect or fault in my hardware and/or software; or
13.2 any failure or fault in connectivity to the internet; or
13.3 the unavailability of the OptiClear (Pty) Ltd. website or contact centre for any reason whatsoever; or
13.4 any failure on the part of OptiClear (Pty) Ltd. to carry out instructions given online under circumstances where such failure is the result of a cause beyond OptiClear (Pty) Ltd.’s control; or
13.5 the circumstances listed in 12.1 to 12.4 above.
14. Should OptiClear (Pty) Ltd. institute legal proceedings against me as a result of my breach of these terms and conditions or the terms and conditions pertaining to a business service/restricted internet service or in regard to my use of the OptiClear (Pty) Ltd. website, OptiClear (Pty) Ltd. shall be entitled to recover from me all costs incurred in this regard, including attorney-and-own-client costs.
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Use of Personal Details
15. I agree that my personal details may be disclosed to organisations within the OptiClear (Pty) Ltd. Group and that the answers to my security questions as well as my ID number and email address will be used to authenticate me for any telephonic contact with the OptiClear (Pty) Ltd. Secure Services contact centre.
16. I hereby authorise OptiClear (Pty) Ltd. to verify any of the information supplied in my application and to this end authorise third parties in possession of relevant information to disclose such information to OptiClear (Pty) Ltd. for verification purposes.
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Jurisdiction and Applicable Law
17. Any transaction concluded via OptiClear (Pty) Ltd.'s internet services or any claim that may arise in consequence of the use of OptiClear (Pty) Ltd.'s internet services shall be governed by the law of the Republic of South Africa.
18. I hereby consent to the jurisdiction of the Cape of Good Hope Provincial Division of the High Court of South Africa for all purposes arising from or associated with the use of my OptiClear (Pty) Ltd. Secure Services Online Account.
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Dispute Resolution
19. OptiClear (Pty) Ltd. shall be entitled, at its election, to refer any dispute arising from these terms and conditions or that is in any other way related to the use of its website, to arbitration. In this event:
19.1 the arbitration shall be heard in Bloemfontein, South Africa;
19.2 the arbitrator shall be appointed by the Arbitration Foundation of Southern Africa and shall be a practising senior advocate with at least 10 years’ experience in practice;
19.3 the arbitration proceedings shall be conducted in accordance with the rules laid down by the Arbitration Foundation of Southern Africa.
20. The provisions of clause 19:
20.1 shall not preclude a party from applying for interim or urgent relief to the Cape of Good Hope Provincial Division of the High Court of South Africa;
20.2 shall survive the termination of my OptiClear (Pty) Ltd. Secure Services Online Account.