Terms of Service

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  1. Terms and Conditions of Use

1.1 Thank you for using https://www.dragonalexa.com (the “Site”). These terms of  service (“Terms”) cover your use and access to the products, services,  software, platform and websites (collectively “Services”) provided by DRAGON  ALEXA (PTY) LTD.

1.2 By using our Services, you agree to be bound by these Terms as well as our  Privacy Policy.

1.3 If you are using our Services as the employee or agent of an organisation, you  are agreeing to these Terms on behalf of that organization.

1.4 By using this website you confirm that you are eighteen years or older and  therefore able to contract with DRAGON ALEXA (PTY) LTD.

1.5 By using this site you agree and acknowledge that by using the Service you are  accepting a benefit that cannot be discharged or transferred to or by a third  party.

1.6 These terms and conditions become effective when you access the Site for the  first time and constitute a binding agreement between DRAGON ALEXA (PTY)  LTD and the User. The current terms and conditions will govern our respective  rights and obligations each time you access this site.

1.7 Your continued use of the Services and Site will signify your acceptance of the  changes. If you do not accept the changes your sole and exclusive remedy is  to discontinue using the Site. The latest Terms will be posted on the Site and  you should always review them prior to using the Site.

  1. Definitions

2.1 The words “User”, “you” and “your” refer to the individual or entity that creates  an account as a Customer.

2.2 The words “we”, “us” and “our” refers to DRAGON ALEXA (PTY) LTD. 2.3 “Customer” refers to the learner using the site.

  1. OVERVIEW AND ELECTRONIC COMMUNICATION

3.1 All information on our website is intended as general information about the  products and services as displayed on the website.

3.2 The services provided by DRAGON ALEXA (PTY) LTD via the https://www.dragonalexa.com, are based on a quotation provided to each  customer.

3.3 You are encouraged to read the below terms and conditions of use together  with the privacy policy.

3.4 Any reference to or use of a product, service or process of a third party does  not imply recommendation, approval or affiliation of the product, service or  process by DRAGON ALEXA (PTY) LTD.

3.5 When you visit the Site or send emails, you are communicating with us  electronically. You therefore consent to receive communication from us  electronically. We will communicate with you by e-mail or posting notices on the  Site.

3.6 You agree that all notices, agreements, disclosures and other communications  that we provide to you electronically satisfy any legal requirements that such  communications be in writing.

3.7 You agree to provide us with, and maintain in your account profile with us, your  current and active email address as well as current physical address.

  1. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

4.1 You may be required to provide certain information about yourself including  but not limited to, your name, contact numbers, and email address as well.

4.2 You need to ensure that the information provided is correct, complete and not  misleading.

  1. PRIVACY AND SECURITY

5.1. DRAGON ALEXA (PTY) LTD receives various types of information from the  Users who access the Website.

5.2. While DRAGON ALEXA (PTY) LTD will make every effort to protect any  information received by it, it is possible for internet based communication to be  intercepted. Without the use of encryption, the internet is not a secure medium  and privacy cannot be ensured nor guaranteed.

5.3. DRAGON ALEXA (PTY) LTD will not be held responsible for any damages the  User or any third party may suffer as a result of transmission of confidential or  personal information that the User submits to us through the internet, or for the

information that the User expressly or implicitly authorises DRAGON ALEXA  (PTY) LTD to receive, or for any changes, or errors made to any transmitted  information.

5.4. Communications on this Site is not confidential and shall not be the subject of  any privileges.

  1. THE WEBSITE

6.1. The Site is a venue for informational purposes to allow Customers to ask  questions and Experts to answer them.

  1. POSTS AND CONFIDENTIALITY

7.1. The Site is internet based. Information and materials submitted in the content  is not private, nor is protected by any privilege, and it may be read, collected,  and used by others.

  1. USER ACCOUNTS

8.1. When you register as a User on the Site, you can establish a user name and  password for access to your online account.

8.2. You are responsible for maintaining the confidentiality of your user name,  password and account data, and that you may not share this information or your  account with anyone else, and you will be solely responsible for all acts or  omissions that occur under your account.

8.3. You will immediately notify DRAGON ALEXA (PTY) LTD of any unauthorised  use of your password or account.

8.4. We advise that you only create one account on the Site.

8.5. If your account has been suspended or terminated, you may not open another  account on the Site.

8.6. You agree to keep your contact and billing information (including but not limited  to email address) up-to-date, and to comply with all billing procedures, including  providing and maintaining accurate and lawful billing information for active  DRAGON ALEXA (PTY) LTD accounts.

8.7. You agree that any content you provide on the Site and your use of our Site  shall not: (a) be fraudulent, inaccurate or misleading;

(b) Infringe any third party’s proprietary rights;

(c) be illegal or violate any state or local law, statute, ordinance, regulation or  ethical code;

(d) Have the aim of competing with DRAGON ALEXA (PTY) LTD;  (e) Be defamatory, unlawfully threatening or unlawfully harassing;

(f) be obscene or contain child pornography or, if otherwise adult in nature or  harmful to minors, but without containing child pornography;

(g) contain any viruses, Trojan horses, or other computer programming routines  that may damage, detrimentally interfere with, surreptitiously intercept or  expropriate any system, data or personal information;

(h) Create liability for us or cause us to lose (in whole or part) the services of  our Experts or other suppliers.

  1. SUSPENSION OR TERMINATION OF RETAINER SERVICES

9.1. You may terminate your service and account at your sole discretion and at any  time by a full month’s written notice via email to info@virtualx.tv

9.2. Terminations will typically be effective within a full month after our receipt of  your termination notice, at which time your account will be closed and you will  no longer enjoy access to your former account.

9.3. Any fees accrued as of the effective date of termination will be payable  according to the Terms.

9.4. At any time, with or without notice, for any or no reason, DRAGON ALEXA  (PTY) LTD reserves the right to refuse service to anyone, to modify and  discontinue any portion or all of the Services, and to restrict, suspend or  terminate a User’s account.

  1. INTELLECTUAL PROPERTY RIGHTS

10.1. All elements of the Website, including but not limited to the images, text,  databases, icon, hyperlinks, software, private information, photographs,  graphics, illustrations, artwork, design, names, logos and trademarks  (collectively, the “Content”), are protected by copyright, trademark, design  and other South African and international laws relating to intellectual property.

10.2. The User may access, download, view and print content from the Website for  private and non-commercial purposes. No portion or element of the Website or  the Content contained thereon may be reproduced or transmitted via any  means.

10.3. The Website, its Content and all related rights shall remain the exclusive  property of DRAGON ALEXA (PTY) LTD.

10.4. Any email addresses, names, telephone numbers and fax numbers appearing  on the Website may not be incorporated by any third party into any database  or used or any marketing or other purposes whatsoever.

10.5. The trademarks, names, logos, and service marks (collectively “Trademarks”)  displayed on the Website are the registered and unregistered Trademarks of  DRAGON ALEXA (PTY) LTD. Nothing on the Website should be construed as  granting any license or right to use any Trademarks without the written  permission of DRAGON ALEXA (PTY) LTD.

10.6. Except as specified in these terms and conditions, the User is not granted a  license or any other right including without limitation under Copyright,  Trademark, Patent or other Intellectual Property rights in or to the Content and  Trademarks.

10.7. All rights in and to the Content and Trademark is reserved and retained by  DRAGON ALEXA (PTY) LTD.

  1. DISCLAIMER AND LIMITED LIABILITY

11.1. The User undertakes to, at their own convenience and discretion, review and  acquaints themselves with necessary documents and/or terms.

11.2. External links may be provided for your convenience, but they are beyond the  control of DRAGON ALEXA (PTY) LTD, and no representation is made as to  their content. Use of reliance on any external links provided is at the User’s own  risk. When visiting external links you must refer to that external website’s terms  and conditions of use. No hypertext links shall be created from any website

controlled by you or otherwise to the Website without the express prior written  permission of DRAGON ALEXA (PTY) LTD.

11.3. No warranty, whether express or implied, is given that any files, downloads, or  applications available via the Website is free of viruses, Trojans, bombs, time locks or any other data or code which has the ability to corrupt or affect the  operation of the User’s computer, database, network or other information  system.

11.4. The quotes presented, are based on limited information, provided by you on the  electronic e-quote form. The quotes are therefore only illustrative and not a  binding offer.

11.5. Quotes are subject to change, based on further consideration or more  comprehensive information that the Customer submits to the Expert.

11.6. Although DRAGON ALEXA (PTY) LTD has taken reasonable care to ensure  that the Content on the Website is accurate and that the User will not suffer loss  or damage as a result of the use of the Website, use of the Website is entirely  at the User’s own risk. The User assumes full responsibility for any loss or  damage resulting from their use of the Website and their reliance on any of the  Content or any part/s thereof, contained on the Website.

11.7. DRAGON ALEXA (PTY) LTD makes no warranty or representation as to the  availability, accuracy or completeness of the Content, which may include  typographical errors.

11.8. Neither DRAGON ALEXA (PTY) LTD nor any affiliate or subsidiary of DRAGON  ALEXA (PTY) LTD shall be held liable for any direct or indirect, special,  consequential or other damage of any kind whatsoever suffered, or incurred,  relating to the use of, or the inability to access or use the Content or the  Website or any functionality thereof, or of any linked website, even if  DRAGON ALEXA (PTY) LTD was expressly advise of this.

  1. INDEMNITY

12.1. The User unconditionally and irrevocably indemnifies and holds DRAGON  ALEXA (PTY) LTD harmless against all and any loss, liability, actions, lawsuits,  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 of performance of the services offered on  the Website, the use of the services offered on the Website, the Content  available on the Website or any other matter, directly, or indirectly, related to

the User’s use of the Website, whether due to DRAGON ALEXA (PTY) LTD’s  negligence or not.

  1. TERRITORIAL JURISDICTION

13.1. This Website is controlled, operated and administered by DRAGON ALEXA  (PTY) LTD from its offices within the Republic of South Africa.

13.2. DRAGON ALEXA (PTY) LTD makes no representation that the Content is  appropriate or available for use in any other location/s or countries.

13.3. Access to the Website from territories or countries where the Content is illegal  is prohibited.

13.4. The User may not use this Website in violation of South African export laws and  regulations.

13.5. If the User accesses this Website from locations outside of South Africa, that  User is responsible for compliance with all local laws.

13.6. These terms and conditions shall be governed by the laws of the Republic of  South Africa and the User consents to the jurisdiction of the Magistrate Court.

  1. GENERAL

14.1. The headings of the clauses in the terms and conditions are provided for  convenience and ease of reference and will not be used to interpret, modify or  amplify the terms and conditions.

14.2. The terms and conditions are severable, in that if any provision is determined  to be illegal or unenforceable by any court of competent jurisdiction, then such  provision shall be deemed to have been deleted without affecting the remaining  provisions of the Terms and Conditions.

14.3. DRAGON ALEXA (PTY) LTD failure or delay to exercise or any particular right  or provision of the terms and conditions shall not constitute a waiver of such  right or provision, whether this is done expressly or implied, nor will it affect the  validity of any part of these terms and conditions or prejudice DRAGON ALEXA  (PTY) LTD rights to take subsequent action against the User, unless  acknowledged and agreed to by DRAGON ALEXA (PTY) LTD in writing.

14.4. Neither the User nor DRAGON ALEXA (PTY) LTD shall be bound by any  express, tacit or implied representation, warranty, promise nor the like not  recorded herein. These terms and conditions supersede and replace all prior  commitments, undertakings or representations, whether written or oral between  the User and DRAGON ALEXA (PTY) LTD in respect of the subject matter  hereof.

14.5. DRAGON ALEXA (PTY) LTD shall be entitled to cede, assign, and delegate all  or any of its right as and obligations in terms of these terms and conditions.

  1. FORCE MAJEURE

15.1. Should DRAGON ALEXA (PTY) LTD be prevented from fulfilling any of its  obligations to the User as a result of any event of force majeure, then those  obligations shall be deemed to have been suspended to the extent that and for  as long as DRAGON ALEXA (PTY) LTD is so prevented from fulfilling them and  the User’s corresponding obligations shall be suspended to the corresponding  extent.

15.2. In the event that force majeure continues for more than ten business days after  it has first occurred then DRAGON ALEXA (PTY) LTD shall be entitled, but not  obliged, to terminate all of its rights and obligations in terms of or arising out of  these terms and conditions by giving notice to the User.

15.3. An event of force majeure shall mean any event or circumstance whatsoever  which is not within the reasonable control of including, without limitation, vis  major, casus fortuitous, any act of God, strike, theft, riots, explosion,  insurrection or other similar disorder, war (whether declared or not) or military  operations, the downtime of any external telecommunications line, power  failure, any requirement of any government or other competent local authority,  any court order, export control, or shortage of transport facilities.

  1. Entire Agreement

16.1. The terms and conditions, as varied by DRAGON ALEXA (PTY) LTD from time  to time, constitute the entire and sole agreement between DRAGON ALEXA  (PTY) LTD and the User with regard to the use of the Site.

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