1.1. When accessing the website https://vocalysd.ai/ (‘Website’), you enter into a legally binding contract with (“VOCALYSD.AI”) on the terms (‘Terms’) set out in this document. VOCALYSD.AI is a company incorporated in Republic of South Africa, with company number +27 71 059 7733, and ‘we’ or ‘us’ or ‘our’ as required by the context.
1.2. These Terms apply to all visitors to the Website, including members of the public or legal entities accessing the Website for information purposes; members of the public or legal entities submitting advertisements, comments, files, images, videos, sounds, business listings or information, or any other material or data (‘Content’); web search engines; and data or information aggregators (‘users’ or ‘you’ or ‘your’).
1.4. This understanding and agreement supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
1.5. The Terms and the relationship between us are governed by the laws of the Republic of South Africa.
1.6. You and we agree to submit to the personal and exclusive jurisdiction of the courts in the Republic of South Africa. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (because, for example, such provision conflicts with the laws of another jurisdiction) or inapplicable, the parties still agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
To comply with the Consumer Protection Act, 2008 (the “CPA”), certain portions of these Terms have been written in bold, to draw your attention to such provisions, as they:
You are required to ensure that before using the Website, you had an adequate opportunity to read and understand the implications of the terms printed in bold.
By using the Website, you agree to these Terms and it will be deemed that you understand its implications and that the terms were written in plain and understandable language that you understand.
We will not be bound by any paragraphs written in blue as these paragraphs only function as an explanation of the binding clauses directly above these paragraphs.
2.1. By accessing the Website (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, to any guideline or any later changes to it, or become dissatisfied with us or the Website please refrain from using the Website and contact us using the contact details provided in paragraph 16 below.
2.2. These Terms may be updated by us at any time and at our sole discretion. We will send you notice of changes to the Website or the Terms by email.
4.1. The Website and the Content available through the Website may contain links to third-party websites (‘Third-Party Websites’) completely unrelated to our Website.
4.2. If you link to Third-Party Websites, you may be subject to the terms and other policies of those Third-Party Websites.
4.3. We do not endorse any Content displayed on any Third-Party Website.
4.4. We do not permit copyright-infringing activities or infringement of intellectual property rights on the Website. We may, at our sole discretion, remove any infringing Content if properly notified that such Content infringes another’s intellectual property rights.
5.1. We will use our reasonable efforts to ensure the Service is available at all times.
5.2. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of force majeure.
5.3. We will use reasonable efforts to publish on the Website advance details of any foreseeable unavailability.
5.4. Through web services and APIs, the Service interoperates with a range of third-party services.
5.5. We do not make any warranty or representation on the availability of those third-party services. Without limiting the previous sentence, if a third-party provider stops providing its service or stops making that the service available on reasonable terms, we may stop making available our Service to you. To avoid doubt, if we exercise our right to cease to provide our Service due to a third party not providing its service anymore or providing its service on reasonable terms, you will not entitled to any refund, discount or other compensation from us.
This nature of this clause is a limitation of liability
The effect of this clause is that you will be unable to recover or claim any amount from VOCALYSD.AI if VOCALYSD.AI is no longer in the position to provide a service which was dependant on a third-party service provider providing a service
6.1. You acknowledge and agree that the materials on the Website, including the text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like (‘Materials’), and the trademarks, service marks and logos contained therein (‘Marks’), are owned by or licensed to us and are subject to copyright and other intellectual property rights.
6.2. We reserve all rights not expressly granted to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, otherwise than as expressly permitted or to use, copy or distribute the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or that enforce limitations on the use of the Website or Materials.
6.3. The Website is protected to the maximum extent permitted by copyright laws, other laws, and international conventions or treaties. Content displayed on or through the Website is protected by copyright as a collective work or compilation under copyrights laws, other laws, and international conventions or treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion of it, to another server or location for further reproduction or redistribution is expressly prohibited.
6.4. You also agree not to reproduce, duplicate or copy Content or Materials from the Website, and agree to abide by all copyright notices and other notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise try to discover any source code in the Website.
7.1. You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising from
7.1.1. your use of and access to the Website;
7.1.2. your violation of any term of these Terms;
7.1.3. your violation of any third-party right, including, without limitation, any copyright, trademark, trade secret, or other property or privacy right; or
7.1.4. any claim that your content caused damage to a third party.
7.2. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Website.
The nature of these clauses is a legal indemnity
The effect of these clauses are that if a claim is instituted against VOCALYSD.AI due to your use of the Website, then you will pay VOCALYSD.AI all amounts that we may have to pay to satisfy the claims instituted against us as a result of your use of the Service
8.1. You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part of it), immediately and without notice, and to remove and discard any content within the Website, for any reason including our belief that you have violated these Terms.
8.2. You agree that we will not be liable to you or any third party for termination of your access to the Website. You also agree not to attempt to use the Website after such termination.
The nature of these clauses constitutes an acknowledgement of fact by you and a limitation of liability of VOCALYSD.AI
The effect of these clauses is that you will not be in a position at a later stage to deny that what is stated in the clauses and you will also not be able to institute any claim against VOCALYSD.AI if we exercise our rights under these clauses
9.2. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law we, our officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use of it. We make no warranties or representations about the accuracy or completeness of the Website’s content, the Website or the content of any Third-Party Website linked to the Website and assume no liability or responsibility for any –
9.2.1. errors, mistakes or inaccuracies ;
9.2.2. unauthorised access to or use of our Service or any personal or financial information stored there;
9.2.3. interruption or cessation of transmission to or from the Website;
9.2.4. bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party; or
9.2.5. errors or omissions in any content or loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via the Website.
9.3. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website featured in any banner or other advertising, and we will not be a party to or in any way responsible for the monitoring of any transaction between you or other users or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise appropriate caution.
The nature of these clauses is an acknowledgement of fact by you
The effect of these clauses is that you will not be in a position at a later stage to deny that what is stated in the clauses
10.1. In no event will we, our officers, directors, employees or agents be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the Website, including damages arising from the use or misuse of the Website , from the inability to use the Website, or from the interruption, suspension, modification, alteration, or termination of the Website. These limitations will apply to the fullest extent permitted by law.
The nature of this clause is a limitation of liability of VOCALYSD.AI
The effect of this clause is that even if you suffer a loss as a result of the use of the Service you will not be in the position to institute a claim against VOCALYSD.AI
11.1. These Terms and any rights and licences granted under this agreement may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment or transfer by you will be void.
12.1. This Website is intended for adults only. You affirm that you are more than 18 year of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
13.1. If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms will not in any way be affected or impaired.
14.1. These Terms will inure to the benefit of and be binding on each party’s successors and assigns.
15.1. If you have questions about these Terms, please contact us at firstname.lastname@example.org.
16.1. More information about us is provided below:
16.1.1. Full name: Vocalysd (PTY) Ltd
16.1.2. Main business address of receipt for legal service: 134 River Rd, Kyalami Heights, Midrand, 1684.
16.1.3. Membership of any self-regulatory or accreditation bodies: None
16.1.4. The manner in and period within which you can access and maintain a full record of any payment transaction: NA
16.1.5. Official website: https://vocalysd.ai/
16.1.6. Email address: email@example.com.