Terms and Conditions

Please note that by using this web site, you, the user, agree to observe and be legally bound by all Terms and Conditions of Use as set out below, including any other policies which may appear elsewhere on this web site. You also agree to observe and abide by all applicable laws and regulations.

1. DEFINITIONS

1.1 'VFREE' refers to the web site www.virtuallyfree.co.za owned by Virtually Free (Pty) Ltd.
1.2 'Provider' refers to Virtually Free (Pty) Ltd.
1.3 'User' refers to the legal person using the Virtually Free (Pty) Ltd. Website
1.4 'Message' refers to a SMS text message (maximum 160 characters), ring tone or image (or any combination), either 7 or 8 bit and/or Voice message and/or Email Message
1.5 The parties refer to Virtually Free (Pty) Ltd. and the user
1.6 'Account' means the user's subscription for the Service including the users's personal information and Password by which the user receives the Services
1.7 'Pricing Structure' means the schedule that identifies the charges applicable for the Service or any part of the Service, as amended from time to time
1.8 'Password' means a password that will be provided by the Provider to the user after the user has accepted these Terms and Conditions
1.9 'Service' means the services outlined in clause 2
1.6 'Request for payment or Payout', is a valid Tax Invoice for VAT Vendors or an Invoice without VAT for non Vendors emailed to info@virtuallyfree.co.za and is only applicable to the Premium SMS Service, where a payout is available and applicable.

2. THE SERVICE

2.1 The service offered by the provider to the user under these Terms and Conditions are provided by the provider's SMS Gateway.
2.2 The service will, amongst other things, enable the user to send messages and receive various content related messages via the SMS and/or voice Gateway.

3. USE

3.1 Use of this web site is undertaken solely at the risk of the user.
3.2 Use of this web site, API's or premium SMS confirms that the user accepts these terms and conditions.
3.3 Use of this web site, registration for a premium sms keyword or short code confirms that the user accepts these terms and conditions and the WASPA Code of conduct. Available on the website https://waspa.org.za/coc/

4. CONTACT INFORMATION

Virtually Free (Pty) Ltd. may be contacted as per below:

Email: info@virtuallyfree.co.za

Fax: 0864712212

5. COPYRIGHT

5.1 Copyright 2015 Virtually Free (Pty) Ltd., All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact Virtually Free (Pty) Ltd. at the contact details stated in this terms and conditions
5.2 Users may download, view and print content from this site for private and non-commercial purposes only.
5.3 All moral rights of Virtually Free (Pty) Ltd. and its employees/agents are reserved.
5.4 Virtually Free (Pty) Ltd. cannot screen or edit all the content available from the www.virtuallyfree.co.za site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Virtually Free (Pty) Ltd. of any content that may be offensive or illegal.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Virtually Free (Pty) Ltd. and as such are protected from infringement by local and international legislation and treaties.

7. ELECTRONIC COMMUNICATIONS

7.1 When a user visits www.virtuallyfree.co.za or sends e-mails to Virtually Free (Pty) Ltd., that user consents to receiving communications from Virtually Free (Pty) Ltd. electronically and agrees that all agreements, notices, disclosures and other communications sent by Virtually Free (Pty) Ltd. satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
7.2 When a user sends an email or fax to Virtually Free (Pty) Ltd. that communication is deemed as not received unless confirmed by Virtually Free (Pty) Ltd. Solutions "in writing".

8. FRAMING

8.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

9. SPIDERS AND CRAWLERS

9.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Virtually Free (Pty) Ltd. Such permission could be obtained from the person referred to in clause 5 hereof.

10. RIGHTS AND OBLIGATIONS

10.1 Notwithstanding any other rights or obligations that the provider may have in terms of this agreement, the provider may outsource any part its obligations provided that it should not be absolved from such obligations.
10.2 Whilst every effort will be taken to ensure that the SMS messages are sent on time, the provider cannot be held responsible for and not limited to the network provider not being able to send SMS messages on time
10.3 Once a message has been sent (message will have a sent status) to the cellular network provider, The provider has no control over the message and cannot be held responsible for the message once handed over to the network provider
10.4 While every effort will be made to ensure that the provider's systems will be available 24 hours a day, 7 days a week, 365 days a year, there may be times where systems will be shut down in order to perform maintenance.
10.5 The connection to the Internet and to the Cellular Network(s) is out of the control of the provider, and should there be a disruption in these services the provider cannot be held responsible.
10.6 The provider can in no manner whatsoever be held responsible or accountable for any loss suffered by the user resulting in the use of the providers system including but not limited to the systems not being available from time to time.

11. DISCLAIMER

11.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Virtually Free (Pty) Ltd. nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Virtually Free (Pty) Ltd. makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 5.
11.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Virtually Free (Pty) Ltd. that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
11.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Virtually Free (Pty) Ltd. and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
11.4 Neither Virtually Free (Pty) Ltd. nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product or service sold on this web site.

12. COSTS

12.1 PRICES: The price of each sms unit is displayed on the site. In the event of a sale or special offer, the discounted price is displayed or communicated with the users at the time of discount
12.3 Bank Changes: Should Virtually Free (Pty) Ltd. incur banking charges of any nature whatsoever resulting from the user paying for services offered on www.virtuallyfree.co.za, the costs will be for the user and will be deducted from any monies paid.
12.4 Bonus pricing and/or Specials: Bonus or special pricing can be updated or removed without notice. Not applicable for existing specials/special pricing.

13. PAYMENT METHODS

13.1 Credit card payments

13.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
13.1.2 Payment is only collected when the order is completed and the user account is credited.
13.1.3 Note that to protect it's own and the interests of customers, Virtually Free (Pty) Ltd. scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Virtually Free (Pty) Ltd. is not satisfied with it's legitimacy.