!!!?WEBSITE TERMS & CONDITIONS

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE PHOROPTER WORX WEBSITE OR ANY PART THEREOF (THE PHOROPTER WORX WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE PHOROPTER WORX WEBSITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

Definitions and Interpretation

a) “PHOROPTER WORX” means PJ Van Den Berg trading as PHOROPTER WORX;

b) “Phoropter Worx website” means the Phoropter Worx website located at www.phoropterworx.co.za and includes any part or element thereof, as well as any other website linked to it of which Phoropter Worx is the registered owner of the domain name;

c) “User” means any person who enters or uses the Phoropter Worx website, notwithstanding the fact that such a person only visited the home page of the Phoropter Worx website;

d) References herein to the singular include the plural and vice versa; and

e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

1. GENERAL

Phoropter Worx is a new owner operated company. Our focus is on Phoropters and allied Phoropter services. We are dedicated to developing a key customer relationship with you, backed by our cost effective, quality service which will give you more reliable results that last longer. The Tip of the Iceberg, Phoropter Worx is the beginning of offering non-mediocre Optical services and solutions to all Optical Professionals.

2. ALLOWED USE AND LICENSE

2.1 Phoropter Worx licenses the User to view,download and print the content of the Phoropter Worx website, provided that such content is used for personal, educational, non-commercial purposes and/or commercial purposes linked to the business objectives of Phoropter Worx only;

2.2 Content from the Phoropter Worx website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Phoropter Worx;

2.3 Users may only access and use the Phoropter Worx website for legal purposes;

2.4 The caching of the Phoropter Worx website shall only be allowed if:

2.4.1 The purpose of the caching is to make the onward transmission of the content from the Phoropter Worx website more efficient;

2.4.2 The cached content is not be modified in any manner whatsoever;

2.4.3 The cached content is updated at least every 12 (twelve) hours; and

2.4.4 The cached content is removed or updated when so required by Phoropter Worx.

2.5 If any User uses content from the Phoropter Worx website in breach of the provisions detailed herein:

2.5.1 Phoropter Worx reserves the right to claim damages from the User;

2.5.2 Phoropter Worx reserves the right to institute criminal proceedings against the User; and

2.5.3 Phoropter Worx shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6 Hyperlinks to the Phoropter Worx website from any other source shall be directed at the home page of the Phoropter Worx website. Phoropter Worx shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Phoropter Worx website, if such content was accessed through a hyperlink not directed at the home page of the Phoropter Worx website. Persons that wish to link to content beyond the home page of the Phoropter Worx website shall do so at their own risk and indemnify Phoropter Worx against any loss, liability or damage that may result from the use of content from the Phoropter Worx website, if such content was accessed through a hyperlink not directed at the home page of the Phoropter Worx website;

2.7 No person may frame the Phoropter Worx website, in any manner whatsoever, without the prior written consent of Phoropter Worx;

2.8 Apart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Phoropter Worx website for any purposes, without the prior written consent of Phoropter Worx; and

2.9 All permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Phoropter Worx at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

All intellectual property on the Phoropter Worx website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Phoropter Worx and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Phoropter Worx website are expressly reserved.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Phoropter Worx website and/or download content from this website.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content, software and content downloads available from the Phoropter Worx website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Phoropter Worx has the duty to disclose the following information:

5.1 The full name and legal status of the website owner: PJ Van Den Berg;

5.2 Company Registration Number: N/A;

5.3 VAT registration number: N/A;

5.4 Street address: 111 Bridges Avenue, Westonaria, 1779;

5.5 Postal address: 111 Bridges Avenue, Westonaria, 1779;

5.6 Physical address for receipt of legal service: 111 Bridges Avenue, Westonaria, 1779;

5.7 Telephone Number: +27 (0) 73 5757 651

5.8 Directors: PJ Van Den Berg;

5.9 Main business: Phoropter Worx has been born out of a desire to be great by providing an unrivaled service to the Optical Industry. Our focus is on Phoropters and allied Phoropter services.;

5.10 The website address of the Phoropter Worx website is: www.phoropterworx.co.za;

5.11 The official e-mail address of the Phoropter Worx website is: pj@phoropterworx.co.za

5.12 Membership of self-regulatory or accreditation bodies:

5.13 Codes of conduct to which the Phoropter Worx subscribes:

5.13.1 Internet Service Provider’s Association Code of Conduct;

5.13.2 [No Other Codes]

5.14 Copies of the Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000: Phoropter Worx has no Information Manual;

5.15 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.15.1 access to the Phoropter Worx website;

5.15.2 the inability to access the Phoropter Worx website;

5.15.3 the services and content available from the Phoropter Worx website; or

5.15.4 these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.

5.16 The costs associated with the access and use of the Phoropter Worx website are as follows: Free;

5.17 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site; and

5.18 Users may lodge complaints concerning the Phoropter Worx website at pj@phoropterworx.co.za. Users hereby assign the copyright in such complaints to Phoropter Worx and understand that Phoropter Worx may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

6. CHANGES AND AMENDMENTS

Phoropter Worx expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1 change these terms and conditions;

6.2 change the content and/or services available from the Phoropter Worx website;

6.3 discontinue any aspect of the Phoropter Worx website or service(s) available from the Phoropter Worx website; and/or

6.4 change the software and hardware required to access and use the Phoropter Worx website.

7. PRIVACY

7.1 Phoropter Worx shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);

7.2 Phoropter Worx may electronically collect, store and use, amongst other, the following personal information of Users:

7.2.1 name and surname;

7.2.2 contact details;

7.2.3 non-personal browsing habits and click patterns;

7.2.4 e-mail address; and

7.2.5 IP address.

7.3 Phoropter Worx collects, stores and uses the abovementioned information for the following purposes:

7.3.1 communicate requested information to the User;

7.3.2 newsletter database;

7.3.3 registration and / or authentication of Users; and

7.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the Phoropter Worx website;

7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;

7.5 Phoropter Worx may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1 Phoropter Worx shall not disclose personal information from Users unless the User consents thereto;

7.5.2 Phoropter Worx shall disclose information without the User’s consent only through due legal process; and

7.5.3 Phoropter Worx may compile, use and share any information that does not relate to any specific individual; and

7.6 Phoropter Worx owns and retains all rights to non-personal statistical information collected and compiled by Phoropter Worx.

8. HYPERLINKS TO THIRD PARTY SITES

8.1 Phoropter Worx may provide hyperlinks to websites not controlled by Phoropter Worx (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and

8.2 Phoropter Worx does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

9. SECURITY

9.1 Phoropter Worx shall take all reasonable steps to secure the content of the Phoropter Worx website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Phoropter Worx does not make any warranties or representations that content shall be 100% safe and secure;

9.2 Phoropter Worx is under no legal duty to encrypt any content or communications from and to the Phoropter Worx website and is also under no legal duty to provide digital authentication of any page on the Phoropter Worx website;

9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Phoropter Worx website or the server and computer network that support the Phoropter Worx website;

9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Phoropter Worx website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Phoropter Worx harmless against any and all liability, damages and losses Phoropter Worx and its partners / affiliates may suffer as a result of such damaging code;

9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Phoropter Worx website and Phoropter Worx reserves the right to claim damages from any and all persons concerned with a security failure or breach; and

9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Phoropter Worx and its partners / affiliates.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Phoropter Worx (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1 access to the Phoropter Worx website;

10.1.2 access to websites linked to the Phoropter Worx website;

10.1.3 inability to access the Phoropter Worx website;

10.1.4 inability to access websites linked to the Phoropter Worx website;

10.1.5 content available on the Phoropter Worx website;

10.1.6 services available from the Phoropter Worx website;

10.1.7 downloads and use of content from the Phoropter Worx website; or

10.1.8 any other reason not directly related to Phoropter Worx gross negligence.

10.2 The Phoropter Worx website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Phoropter Worx, that the content available from and through the Phoropter Worx website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;

10.3 Information, ideas and opinions expressed on the Phoropter Worx website should not be regarded as professional advice or the official opinion of Phoropter Worx and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the Phoropter Worx website;

10.4 Phoropter Worx does not make any warranties or representations that content and services available from the Phoropter Worx website will in all cases be true, correct or free from any errors. Phoropter Worx shall take all reasonable steps to ensure the quality and accuracy of content available from the Phoropter Worx website and encourage Users to report incorrect and untrue information subject to the right of Phoropter Worx to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and

10.5 Phoropter Worx does not make any warranties or representations that the Phoropter Worx website shall be available at all times. Users acknowledge that the Phoropter Worx website may be unavailable due to updates or other causes beyond the reasonable control of Phoropter Worx, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Phoropter Worx website to Phoropter Worx and Phoropter Worx undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

12. INTERCEPTION OF COMMUNICATIONS

12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Phoropter Worx right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Phoropter Worx website, its staff and employees; and

12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 These terms and conditions constitute the entire agreement between Phoropter Worx and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Phoropter Worx from the User;

13.2 Any failure by Phoropter Worx to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and

13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Phoropter Worx agree that:

14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Phoropter Worx website for the first time;

14.2 data messages (as defined in the ECT Act) addressed by the User to Phoropter Worx shall only be deemed to have been received if and when responded to;

14.3 data messages (as defined in the ECT Act) addressed to the User by Phoropter Worx shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

14.4 data messages (as defined in the ECT Act) addressed by the User to Phoropter Worx shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;

14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Phoropter Worx; and

14.6 The User agrees and warrants that data messages that are sent to Phoropter Worx from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

15. APPLICABLE AND GOVERNING LAW

Subject to clause 5.4, the Phoropter Worx website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts govern the use or inability to use the Phoropter Worx website, it's content, services and these terms and conditions.

16. LEGAL COSTS

Phoropter Worx shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.