Vision Tactical App Terms of Use

A. Disclaimer

1. Terms and conditions of use

This mobile application (“App”) has been developed and is operated and maintained by or on behalf of Vision Tactical (“VTac“, “we” or “us“).

Any person accessing this mobile application and using, downloading or applying any information of Vision Tactical or the whole of part of Vision Tactical (collectively information) stored on the mobile application (“the user”) is subject to, and agrees to, the terms and conditions set out in this legal notice. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use or download and/or otherwise copy or distribute content obtained from this mobile application.

2.   Disclaimer

2.1. Information on this mobile application is intended to provide general information on a particular subject(s) and should not be regarded as an exhaustive, all-inclusive, up to date or the current position in law of the of subjects(s). 

2.2. It is the sole and absolute responsibility of the user to ensure and satisfy him- / her- / itself that this mobile application and / or its content will meet the user’s requirements. The Information, ideas and opinions expressed on this mobile application are not the only positions, opinions or advice available on any specific subject matter to which these may relate, nor should this mobile application and its content be regarded as any form of professional advice or opinion, which includes legal advice. 

2.3. Notwithstanding the fact that the information on this mobile application is aligned to the prevailing legislation, the information is not designed as a “one size fits all”. Accordingly, users are encouraged to seek professional advice or opinions related to a particular situation before taking any course of action related to information, ideas or opinions expressed on this mobile application.

2.4. Vision Tactical makes no representations or warranties, implied or otherwise that, amongst others, the content and information on this mobile application is free from errors or omissions or that it will be capable of application and / or will meet the performance, quality or other expectations of the user in relation to a specific subject or criterion. Vision Tactical specifically records that information provided on this mobile application is provided "as is" and therefore Vision Tactical will not be held liable for any and all warranties implied or expressly stated. Without limiting the aforegoing, the warranties being disclaimed by Vision Tactical includes, but is not limited to, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Users are encouraged to report any possible errors or malfunctions.

2.5. The use of this mobile application and the content thereof is at the user’s sole and absolute risk, as such the user accepts full responsibility and risk for any damages or loss that the user may suffer as a direct or indirect use of this mobile application or the content thereof.  To avoid any confusion, the user’s attention is drawn to the fact that neither Vision Tactical, its stakeholders, employees or any other individual or legal entity in respect of who or which information is contained in this mobile application shall be liable to the user for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever or whosoever arising and irrespective if the cause of such damages are due to the negligence or otherwise of Vision Tactical, its stakeholders and employees. 

2.6. If any of the foregoing is not fully enforceable for any reason whatsoever, the remainder shall nonetheless continue to apply. 

3.                  Updating of terms and conditions

Vision Tactical reserves the right to change, modify, add to or remove portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to this mobile application. It is the user’s obligation to periodically check these terms and conditions of use of this mobile application for changes or updates. The user’s continued use of this mobile application following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.

4.                  Information about the mobile application and owner

4.1. The full name and legal status of the mobile application owner is: The Commission for Conciliation, Mediation and Arbitration, represented by the Business Research & Knowledge Unit: Ms. Boitumelo Rakau and Ms. Rebecca Moeketsi (Executive: Legal Services).

4.2.            The mobile application address is: http://www.visiontactical.co.za

4.3.            Contact details of mobile application owner:

Postal address:

Vision Tactical

49 West Street, 

Houghton, 

2198 

 

Street Address:

49 West Street, 

Houghton, 

2198 

South Africa

Tel No: +27 84 222 2222

E-mail: info@visiontactical.co.za

Last updated: 21 January 2020

We are the Vision Tactical, a private company registered in South Africa, with the Head Office situated at 49 West Street, Houghton, Johannesburg, 2198.

These Terms of Use apply to the use of this mobile application (“App”), regardless of how you access it. Please read these Terms of Use carefully before you proceed.

We may, at any time and without notice, terminate your access to or use of this App. If we do so, you do not have the right to bring any claim or claims against us.

We may terminate the App any time, without notice. In termination of your registration to the App, all rights granted to you in respect of the App will cease immediately.

By using this mobile application you agree to these Terms of Use.

If you do not agree to these Terms of Use, please do not use this App. These Terms of Use were last updated on the date shown at the top of this page. We may change these Terms of Use at any time by posting an updated version on our website and App, so you may wish to check it before using this App. You may only use this website and App for lawful purposes.

Unless we expressly state otherwise, the copyright and any other intellectual property rights, including but not limited to design rights, trade marks and patents appearing anywhere on this website and the App remain the property of Vision Tactical, Idea Pioneers and ShieldForce, whether owned by or licensed to us, in full or in part.

You may not use any of the material on this App without our prior written permission for your own commercial purposes, whether by reproducing, copying, downloading, printing, linking to, editing, broadcasting, distributing or otherwise.   You may use it for your own personal non-commercial use.

You may not copy, republish, distribute, adapt, modify, alter, de-compile, reverse engineer, or attempt to derive the source code of or create a derivative of works or, otherwise attempt to reproduce the App, its contents, including any Intellectual Property there in, its design, any updates to the App and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the App and/or any content featured on the third-party websites which are accessed through links that are found on the App. You may not sub-licence such third-party content, including Intellectual Property Rights associated with it.

Acquiring, purchasing, downloading, accessing or using this App or its content in any way is done entirely at your own risk. You will be responsible for any loss or damage to any computer, device, software, systems or data resulting directly or indirectly from the use or inability to use this App or its contents.   

We are under no obligation to provide uninterrupted access to this App. We reserve the right to restrict your access to this App at any time and for any reason.

We do not guarantee that the contents of this App will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the App including, but not limited to any book availability, directions, contact details, operating hours, news, documentation, case law, price quotes, event and session information, data or non-fraudulent representations. You are responsible for maintaining appropriate software on your computer or device to protect you from any such errors, bugs, worms, trojans or viruses.

To the fullest extent permissible by law, we exclude any and all liability to you resulting from your use of the website and App or connected to these Terms of Use. This exclusion includes but is not limited to any type of damages, loss of data, income or profit, loss or damage to property belonging to you or third parties arising from the use of this App or its contents.

Your use of the App is dependent on factors beyond our control, such as your network’s coverage or availability, your ISP’s availability or your Device’s capability or capacity. We are not liable for any loss or damages you may suffer if a factor beyond our control arises and you cannot access the App. 

We (including our employees, consultants, agents, or any affiliated person) are not responsible for any loss or damages related to your use of the App or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, special, incidental, or consequential damages in terms of contract, delict (breach of duty or care) or any other law. 

We are not responsible for any loss or damage where: 

1. Someone discovers your password; 
2. Any technical or other problem (interruption, malfunction, downtime or other failure) that affects the App, a third-party system or any part of any database for any reason; 
3. 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 harmful computer program or virus, or your own negligence; 
4. Any failure or problem affects goods or services provided by any other party; 
5. Any event that we have no control over.

This App may provide links to websites and mobile applications or other online resources under the control of third parties.  Any such links are provided solely for your convenience.  We have no control over the contents of these third-party resources. We are not responsible for the contents of any linked websites and mobile applications and do not endorse them in any way.

You can only link to our website and the App with prior written permission from us. We reserve the right to withdraw any such permission at any time.  

We take your privacy and the protection of your data very seriously. We may gather and/or use certain information about you in accordance with our privacy policy. Please see our separate privacy policy for more information.

These Terms of Use are the entire Agreement between us and you, and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

This Agreement shall be governed by the law of the Republic of South Africa and courts of the Republic of South Africa will have exclusive jurisdiction in relation to these Terms of Use.

You must register for the App by giving permission to your Personal Information and by following the prompts displayed after you have downloaded the App onto your Device. When you register you must create a Profile for the secure use of the App.

You should only use the latest version of the App. The App Store will notify you of any updates/ upgrades that are available to you. If you do not install the latest version, the App may not function correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances. You should use the App only on a Device for which it is intended, as allowed by the usage rules set out in your App Store’s terms of service. 

There is no monthly subscription fee to access the App. Standard data costs will be charged when you download the App and thereafter when you interact with the App. These costs are charged by your mobile network operator. Any questions related to your data costs must be sent to your mobile network operator.

You must use software and hardware suitable for the App. If you do not, the App may not work properly and this could increase your security risks. If we offer software to you on or through your Device, any licence agreement is between you and the software’s licensor. You indemnify us against any breach of such software licence. We do not expressly or implicitly warrant the licensor’s ownership of software provided on the App or the rights of use of any licensor.

 

You must always look after your passwords and keep them secret and safe to prevent other persons from using them. After your password has been entered, we will assume that any Library Transaction is genuine. Even if someone else used your password, we may process a Library Transaction as if you authorised it. You must make sure that you log out of the App when you have finished using it to prevent anyone else from using it. We are committed to providing safe online services. Only our authorised employees or agents have access to information related to the App.

You represent and warrant that:

1. You have full contractual capacity and no court has declared you mentally unfit;
2. You have been informed that you can refer any questions that you may have in relation to the App and its Terms of Use to us;
3. You have given us the correct information;
4. You have read and understand these Terms before entering into this Agreement.