1. APPLICATION AND BINDING EFFECT OF THESE TERMS
These terms and conditions ("terms") govern your use of The Virtual Agent website located at www.thevirtualagent.co.za ("website"). These terms constitute an agreement between you and The Virtual Agent (PTY) LTD, trading as ("The Virtual Agent”) and each new or amended version of the terms become binding on you each time you visit the website.
The terms of this agreement may be applicable together with further specific terms applicable to a particular service or product that The Virtual Agent may supply to you. If there is a conflict between these terms and the specific terms, the specific terms will apply.
Any reference to “personal information” means any and all information that you provide when using the websites and/or service, and that falls under the definition of personal information in terms of the Protection of Personal Information Act 4 of 2014.
2. LOGIN DETAILS, USERNAMES AND PASSWORDS
Should The Virtual Agents websites from time to time make use of login functionality in terms of which you are required to create your own usernames and passwords, you accept complete responsibility for the safekeeping of those details, usernames and passwords, insofar as security is concerned (not related to breaches of security that may originate from within The Virtual Agent).
By entering your usernames and passwords (if applicable), The Virtual Agent is entitled to assume that the person using the websites is you.
You must familiarise yourself with the functionality of the websites. You are responsible for all internet data usage charges required to use any services or browse the website. Please check with your internet service provider for information on internet data usage charges.
You must familiarise yourself with and follow the security procedures communicated by The Virtual Agent from time to time as well as such other procedures that may apply to the websites.
The Virtual Agent may at any time request that you provide, in a form satisfactory to The Virtual Agent , documentary evidence establishing and/or confirming your identity as the registered user of the websites (if applicable).
You agree that any failure on your part to follow the recommended security procedures may result in a breach of the confidentiality of your personal information and may lead to unauthorised access to your account and information.
In the event that you are a business, you must ensure that only authorised employees have access to and are allowed to use the websites with your secure login details. You and/or your business are however then responsible for any action of those individual(s) (whether authorised or not) when they interact with our websites.
You undertake to ensure the safekeeping and confidentiality of all confidential information, and shall particularly ensure that the confidential information is not written down and kept where it can easily be discovered.
You are responsible to keep all of your personal information, usernames and passwords up-to-date, secure and confidential and must notify The Virtual Agent immediately if there has been any breach of or if you suspect any breach of security or confidentiality.
3. USE OF THE WEBSITES
The Virtual Agent may offer you services and/or products to you from time to time and reserves the right to modify, replace or discontinue any existing service without prior notice to you.
You may not cede or assign any of your rights under any agreement with The Virtual Agent without the prior written consent of The Virtual Agent.
Permission is granted to temporarily download one copy of the materials (information or software) on The Virtual Agents website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and you may not (whether alone or in conjunction with any third party):
- alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the websites;
- alter, reverse engineer, modify, circumvent, disable, amend, tamper with or change any security features of the websites;
- infect the websites with any software, malware or code that may infect, damage, delay or impede the operation of the websites or which may intercept, alter or interfere with any data generated by or received through the websites; and
- allow any third party to use your usernames and passwords in any manner other than as permitted by these terms.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Virtual Agent at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. RISK, LOSS OR DAMAGES
You hereby agree that subject to applicable law, The Virtual Agent will not be liable for:
a) Any interruption, malfunction, downtime, off-line situation or other failure of the websites or online services, The Virtual Agents system, databases or any of its components, beyond The Virtual Agents reasonable control;
b) Any loss or damage with regard to your data or other data directly or indirectly caused by malfunction of The Virtual Agents system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on The Virtual Agents system or third party systems or programming defects;
c) Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which The Virtual Agent has no direct control.
Neither you nor The Virtual Agent, nor The Virtual Agents IT personnel, will be held liable for any failure to perform any obligation to the other due to causes beyond your, The Virtual Agent or The Virtual Agents IT personnel's respective reasonable control, including lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom The Virtual Agent is not responsible (including telecommunications and internet service providers) or acts of government or other competent authorities.
You indemnify and hold The Virtual Agent harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the websites, or the use of information and/or images available on the websites, whether due to The Virtual Agents negligence or not.
You agree that your sole and exclusive remedy for any dispute of any nature with The Virtual Agent in relation to your use of the websites, is to stop using the websites.
5. TRANSMISSION AND ACCURACY OF INFORMATION
The Virtual Agent is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
Security measures have been implemented to ensure the safety and integrity of the websites. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring.
The Virtual Agent gives no guarantee of any kind concerning the content on our websites. The Virtual Agent does not give any warranty (express or implied) or make any representation that The Virtual Agents online service will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
6. DEEMED RULES FOR SENDING AND RECEIVING ELECTRONIC MESSAGES
You hereby acknowledge that The Virtual Agent will primarily use e-mail and electronic notices on the websites, as The Virtual Agents main communication tool for all communications relating to the websites, or these terms and conditions. Such communications may include the use of SMS (short message services), registered mail or telephonic advice.
You and The Virtual Agent hereby agree that the provisions of Part 2 of Chapter III of the Electronic Communications & Transactions Act 25 of 2002 are hereby excluded and that the following terms will apply when you (or any one acting on your behalf) and The Virtual Agent send each other electronic messages via any electronic means, including via the websites and its application forms and email ("communication system"):
Where you make an offer to The Virtual Agent, an agreement is formed at the time The Virtual Agent sends you its written acceptance of your offer. An automated or manual acknowledgement of receipt of your electronic message shall not be deemed to constitute acceptance.
All electronic messages will be deemed to have been sent from, and received at your specified e-mail address and The Virtual Agents address as specified in the websites.
An electronic message is deemed to have been sent:
- by you, at the time at which The Virtual Agent is capable of accessing such message;
- by The Virtual Agent, at the time shown on the electronic message as having been sent or,
if not so shown, at the time shown on our computer system as having been sent.
An electronic message is deemed to be received -
- by you, once it becomes capable of being retrieved by you;
- by The Virtual Agent, once The Virtual Agent has confirmed receipt thereof or responded thereto, whichever is the earlier.
An electronic message shall be attributed -
- to you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the electronic message sent to The Virtual Agent resulted from an error or malfunction in the communication system, except if you can timeously satisfy The Virtual Agent otherwise before The Virtual Agent has acted upon the message.
- to The Virtual Agent, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by The Virtual Agent and such system operated without error or malfunction.
Unless otherwise provided for in these terms, confirmation of receipt of your electronic message is required to give legal effect to such electronic message.
The Virtual Agent will take reasonable steps to exclude viruses from the websites, but cannot guarantee or warrant that any material available for downloading from The Virtual Agents websites will be free from infection, viruses and/or other code that has contaminating or destructive properties and no liability is accordingly accepted for viruses.
You are responsible for and we recommended that you take your own precautions and implement sufficient procedures and virus checks (including running anti-virus software and other security checks) to satisfy your particular requirements.
8. THIRD PARTY SITES
The Virtual Agent provides certain hyperlinks to third party websites only as a convenience, and the inclusion of any hyperlinks or any advertisement of any third party on The Virtual Agents websites does not imply endorsement by The Virtual Agent of their websites, their products, business or security practices or any association with its operators. You access those websites and use their products and services solely at your own risk.
9. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all right, title and interest in, and to, any The Virtual Agent intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, methodology which forms part of, or is displayed or used on the websites or the service including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to The Virtual Agent and will remain vested in The Virtual Agent under all circumstances.
You agree that you will not at any time or under any circumstances acquire any rights of any nature in and to The Virtual Agent intellectual property.
10. WARRANTIES AND REPRESENTATIONS
The Virtual Agent makes no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of the website and/or the information and/or images contained on the website. The website and its content are used at your own risk.
You warrant to and in favour of The Virtual Agent that:
a) you are 18 years or older; or
b) you have the legal capacity to agree to and be bound by these terms; and
d) the terms constitute a contract valid and binding on you and enforceable against you.
Each of the warranties given by you will
i) be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in the terms;
ii) continue and remain in force irrespective of whether any account (where applicable) is active, suspended or cancelled;
iii) be deemed to be material.
11. THE VIRTUAL AGENT INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATION AND TRANSACTIONS ACT
- Site owner: The Virtual Agent (PTY) LTD
- Legal status: The Virtual Agent is a private company, duly incorporated in accordance with the laws of South Africa;
- The Virtual Agent Registration No: 2018/447643/07;
- The Virtual Agent Director(s): A. Bezuidenhout, D. Pather, H. R. Blake, S. Amod, T. Sewraj, T Ntini
- Description of main business of The Virtual Agent: A PropTech business specialising in digitising the real estate industry;
- Telephone number: 031 538 4920;
- E-mail address: firstname.lastname@example.org;
- Website addresses: www.thevirtualagent.co.za;
- Physical Address: 32 Flanders Place, Blake House, Mount Edgecombe, Durban, 4300, KwaZulu-Natal, South Africa;
- Postal Address: Private Bag X27, Umhlanga Rocks, 4320, KwaZulu-Natal, South Africa;
- Registered Address: 32 Flanders Place, Blake House, Mount Edgecombe, Durban, 4300, KwaZulu-Natal, South Africa;
Any provision of these terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these terms will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these terms, without invalidating the remaining provisions of these terms or affecting the validity or enforceability of such provision in any other jurisdiction.
13. GOVERNING LAW
These terms and any matter arising from these terms, shall be governed by and interpreted in accordance with the substantive laws of South Africa.
For the purpose of all or any proceedings arising from your use of the websites, you consent to the jurisdiction of the magistrates' court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates' Court Act, 1944, provided, nevertheless, that The Virtual Agent shall have the right at its sole option and discretion to institute proceedings in any other competent court.
Failure or neglect by The Virtual Agent to enforce any of these terms, will not be construed as a waiver of its rights, nor will such failure or neglect in any way affect the validity of the whole or any part of these terms, nor prejudice the rights of The Virtual Agent to take subsequent action.
Any questions or concerns arising from these terms or the websites should be addressed to email@example.com.
For all purposes of these Terms, any notice required to be in writing shall include email.
17. WHOLE AGREEMENT
These terms constitute the whole agreement between you and The Virtual Agent relating to your use of the website.
18. NO THIRD PARTY STIPULATION
The terms create a legally binding agreement between you and The Virtual Agent. Accordingly, unless expressly stated to be the case, the terms do not create rights in favour of any third party.
1.1. Blake and Associates Holding (Pty) Limited and all of its subsidiaries (“Blake”) is committed to business practices in compliance with the Protection of Personal Information Act and in line with acceptable industry standards.
1.2.1. How we will collect and use it
1.2.2. When and with whom we will share it
1.2.3. What your rights are and how you may complain
1.3. This policy applies to all personal information that we process. This includes but is not limited to the following:
1.3.1. if you are a customer or potential customer of one of our products or services or related to that person;
1.3.2. if you are a customer or potential customer of our client or related to that person;
1.3.3. if you are part of one of our legitimate databases.
1.4. We may change the policy from time to time if the law or our business needs require it. The latest version will always be published on the websites.
1.5. Some information fields will be mandatory if you want to use a product or service.
1.6. Different privacy policies may apply to employee and supplier information.
2.1. “Act” means the Protection of Personal Information Act 4 of 2013, including its Regulations;
2.2. “Blake” or “we” or “us” refers to Blake and Associates Holding (Pty) Limited and all of its subsidiaries;
2.3. “personal information” includes any personal information as defined in the Protection of Personal Information Act;
2.4. “website” or “websites” means any or all of the websites located at:
2.5. “you” or “your” refers to the user of the websites or user of any service or product made available through the websites or any person whose personal information we are processing for legitimate business purposes
3. Personal information about children and special personal information
3.1. Blake will not intentionally collect information about children. If you are under the age of 18, you may not use this website or any services or products that we provide through the website without the knowledge and consent of your parent or guardian.
3.2. If you provide any information about children to us, you warrant that you are a competent person in terms of the Act and you agree that we may process the child’s personal information in accordance with this policy.
3.3. If you provide any information to us that qualifies as “special personal information” in terms of the Act (these include for example things like information about health, race, trade union membership and criminal activity), you expressly agree that we may process the information in accordance with this policy.
4. Categories of personal information
4.1. Different categories of personal information will be processed, depending on the reason for processing.
4.2. Generally speaking we may process any or all of the following categories of personal information:
4.2.1. General personal information and contact details like name, address, contact numbers, email address, age, employment etc.;
4.2.2. Financial, payment, banking and account information;
4.2.3. Demographic information;
4.2.4. Credit bureau and fraud;
4.2.5. Cookies and device information like browser settings, IP address, time of logging on etc.
4.2.6. Advertising and online information like your interactions with websites and platforms where we advertise our products;
4.2.7. Views and opinions;
4.2.8. Consent records.
5. Collecting personal information
5.1. We will collect your personal information if:
5.1.1. You register for any service or product that we provide;
5.1.2. You provide any information to us online or through any other communication channel;
5.1.3. You participate in any marketing campaigns by us or selected third parties.
5.3. We may collect personal information from third parties where our legitimate business interests require and allow collection from a third party. These may for example include credit bureaus, data providers, tracing agencies, fraud prevention agencies and other business affiliates and with whom we have contractual relationships. We also collect information from the companies within the group.
5.4. We collect information from social media and public sources.
5.4.1 our client provides your information to us.
6. Using your personal information
6.1. We will use your personal information for our legitimate business purposes or for reasons where we obtained your consent to use it or you required us to use it. The reason for processing will depend on which company within the group processes the information.
6.2. We process personal information for any or all of the following purposes:
7. Sharing information with third parties
7.1. We will process and share your personal information with third parties where
7.1.1. you have agreed to it,
7.1.2. we are permitted or required to do so by law,
7.1.3. processing is necessary to protect the legitimate rights or interests of Blake or a third party,
7.1.4. processing is necessary to conclude a contract with you.
7.2. Some of our subsidiaries are leads providers and share information with third parties, including our clients, for purposes of direct marketing products or services, updating information, collections, and tracing.
7.3. We may also share your personal information with third party service providers, agents, contractors, employees, law enforcement agencies or business affiliates.
7.4. If we make use of third party service providers to provide products or services to you or to provide products or services on our behalf, we will regulate these relationships contractually to ensure that they process your personal information according to the law. Third party service providers may only use your personal information directly for the purposes for which we provided it to them.
7.5. We may also share your information for the following purposes:
7.5.1. Within the group for legitimate business purposes;
7.5.2. Credit bureaus and fraud agencies;
7.5.3. Any third party to whom we sell any part of our business or rights in law;
7.5.4. Any other third party if the law allows or requires us to share the information.
8. Transferring personal information cross border
8.1. You agree that we may transfer your personal information cross border if our business interests require trans-border flow of information. This may typically happen where we have decided to store information with a trusted third party in another country or where a service provider makes use of systems or processes cross border.
9.1. We will retain your personal information as required by law and for as long as necessary considering the purpose for which it was collected.
9.2. Where we collect information for marketing purposes, we will retain the information for future marketing activities unless you object to the processing of your personal information for this purpose.
9.3. Where we provide a service on behalf of a client, we will retain your information in accordance with the client’s instructions.
10.1. We undertakes to implement all reasonable measures to ensure the security and confidentiality of your personal information, including electronic and computer safeguards like firewalls.
10.2. Always use a secure computer when entering information online. Transferring information through the internet may not always be completely secure and we cannot guarantee the security of your information if you use the internet. We implement reasonable security measures from our side, but you use the internet at your own risk.
10.3. In the event of a security breach, we will inform you by contacting you on the contact details we have available, by press release, or by any other reasonably suitable method.
11. Your rights
11.1. You have the right to access certain records that we hold on you. If you apply in writing to receive a copy of the personal information that we hold, we will implement security and verification procedures to ensure that we provide the record to the correct person. We may be allowed in law to charge a fee for this and may refuse the information on certain grounds as allowed in law.
11.2. You may at any time request that we update or correct your personal information by contacting firstname.lastname@example.org.
11.3. You may object to our processing, including to object against direct marketing or to object against automated processing where a sole automated decision has a legal or other significant effect or request a restriction to your information. You may also request information to be deleted. You may also withdraw consent. All of these requests will be considered against the provisions of the law to ensure that any continual processing (if applicable) will be allowed. To give an example: where you have given consent to processing but subsequently withdraws your consent, we may still be able to process the information if there is another ground in law which allows for the processing.
11.4. If you believe that we have breached this policy, you can lodge a complaint to email@example.com. We will investigate the matter and may use third party advisors during this process. You can also complain to the Information Regulator using the following contact details:
Address: SALU Building, 316 Thabo Sehume Street, Pretoria.
Contact number: 012 406 4818
Fax number: 086 500 3351
12. Links on our channels
Our websites or any communication may include links to third party websites or channels. We cannot accept responsibility for the privacy practices of third party sites and you use it at your own risk.
If you wish to add yourself to our do not call list, please fill in the form below by simply providing your ID number and your email address. You will then receive an email confirming that you have been added to our do not call list.