Dynamic Vision Optometrists Privacy Policy


Introduction

Protecting users’ privacy is of utmost importance to us. Accordingly, we have developed this Privacy Policy in order to safeguard the user’s personal information, and to protect user’s confidential personal information. This privacy policy applies to all the web pages related to the http://www.dvn.co.za website.Unless the context clearly indicates to the contrary, any term in this Privacy Policy will bear the same meaning as defined in any of our Terms
and Conditions, Terms of Registration, or Conditions of Use, as applicable and appearing on this site.

Personal Information

For purpose of this Privacy Policy, “personal information” means the user’s name, identity or passport number, physical address, postal address, e-mail address, telephone number/s, credit card details, or banking details. The site may also collect certain information about a user’s visit, such as: the name of the Internet service provider and the Internet Protocol (IP) address through which the user accesses the Internet; the date and time the user accesses the site; the pages that the user accesses while on the site; and the Internet address of the Web site from which the user linked directly to the site. This information
is used to help improve the site, analyse trends, and administer the site.
By registering on this site, accepting any of the Supplier’s Terms and Conditions, or submitting any personal information on the website, the user consents to our collection of personal information for the continued duration of the user’s relationship with us, subject to the limitations set out in this Privacy Policy.
We may collect personal information when a user registers on the site, submits an application form, requests a quote, submits a message via the “Contact Us” facility, responds to a survey, or in any other manner or form submits personal information on the site. We may also collect personal information for purpose of improving our service offering and for the purpose of increasing service efficiency.
All personal information will only be retained by us for as long as it is necessary to market to you as a consenting client and to fulfill the
purposes mentioned herein. We will use our best endeavours to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes mentioned herein. We may, from time to time, request the user to update his personal information on the website. Users are able to review or update any personally identifiable information that we hold on them by emailing us. In order to better protect the user and safeguard
user’s personal information, we may take steps to verify user’s identity before granting user access to the information or making any
corrections to the information. We may use encryption, firewalls and other security technology and procedures to help protect the confidentiality of user’s personal information and prevent unauthorised access or improper use thereof. All personal information is securely stored in our database.

Disclosure of Personal Information

Subject to a user’s right to withdraw consent in certain instances, the user agrees that we may obtain personal information and use it, and to disclose it to other persons for certain specified purposes, including for credit information sharing, debtor tracing, marketing and contract administration. We will also provide personal information to law enforcement and other competent authorities in response to lawful requests and where we believe that the disclosure of the information is necessary to institute legal proceedings against third parties.

Cookies

We may from time to time make use of cookie technology, which comprises a small text file that is stored on the user’s computer’s hard drive containing information about the user, so that the next time the user visits the website, the cookie is able to identify who the user is. This enables us to achieve our goal of providing a valuable online experience to our users. Users are, however, able to disable this cookie technology in the Internet browser.

Liability

While we will do all things reasonably necessary to protect the user’s rights of privacy whilst on the website, we cannot be held liable for any unauthorised or unlawful disclosure of the user’s personal and confidential information.

Changes to the Privacy Policy

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly.

By using , you signify your acceptance of this Privacy Policy. If you do not agree, please exit our site. Your continued use of the website following the posting of changes to this policy will mean that you accept those changes.

Dynamic Vision – Lenses and Frames Warranty and Liability Limits

Frames:
1. Dynamic Vision practices will adjust frames, replace screws, re-attach rimless (“rimlon”) lenses, and replace nose pads at a small fee when these procedures can be done in our office and frame was purchased from us.
2. All frames come with a 1-year warranty against manufacturer defects.
They are not warranted against accidents or abuse. Opticians must use their discretion in determining whether the manufacturer will consider if any damage was the result of a defect, however, the manufacturer will be the final judge.
3. If the frame breaks after the 1-year warranty expires and the frame is still available, patients can purchase replacement parts should they still be available.
4. If the frame breaks after 1 year, the frame is discontinued, and no parts are available, the patient can choose to have them repaired for a reasonable fee. Patients must be aware that repairing frames may result in different colored screws, small scratches on or around the hinges, or discoloration from soldering. Also, frames that originally had spring hinges may no longer have springs after repair.
5. If patients choose to place new lenses in an old frame, we cannot be held liable for breaks or damage. As frames age, they may become brittle in ways invisible to the human eye. Patients assume the risk when using old frames
6. We will use the utmost care if we accept your own frame for use with new lenses, but in a small percentage of cases the frame parts or materials are worn, brittle, cracked, or corroded to the point that they will break or not support a new lens. Frame defects are not always visible, even by the trained eye. Older frames are frequently discontinued by their manufacturers and replacement parts are generally not available. Placing new lenses into your own frame may create a pair of glasses that cannot be repaired or replaced later.
7. Please be aware that we, Dynamic Vision, cannot refund the cost of lenses in cases where frames do break, but we will be more than happy to help you in selecting frames to replace the broken pair.
8. The only frames that we will accept responsibility for breaking are those that we supply new at the same time that new lenses are ordered.
9. Dynamic Vision is not responsible for any eyewear bought elsewhere other than our practices. If our prescription is the issue, we will perform a one-time courtesy prescription check. In the event our prescription is not the issue and it is the fault of the optical where you bought the glasses, or script from an Ophthalmologist , there will be a consultation fee charge for the prescription verification

Limits of Liability

Frame adjustments – at own risk
Dynamic Vision practices will be happy to adjust your frames as a courtesy. There will be a nominal fee if we need to replace any parts
such as screws or nose pads.
We will be as careful as possible, however, damage can and may occur when adjustments are made. Dynamic Vision practices will not be
responsible in any way for any damage that may occur. This waiver includes but is not limited to scratches, chipping, warping or breaking.
Dynamic Vision will not be able to replace my frame should any damage occur while they are making adjustments and/or repairs.***

Lenses:
Please note that the technology does not exist to “buff out” or polish lenses that are scratched or chipped. Lenses can only be replaced by purchasing new lenses or using a manufacturer warranty, if available. If patients choose anti-reflective or anti-scratch coatings for their lenses, they will be warranted against scratches and chips!
8. Lens manufacturer warranties vary as follows, with dates commencing from the date they were ready to be dispensed (i.e. the ‘order received’ date):
a. ANTI-REFLECTIVE (AR) coatings classified by Dynamic Vision as ‘A’ coatings have a 2-year warranty that can only be used once during 2 years. Coatings classified as ‘B’, ‘have 1-year warranty that can only be used once during that 1 year.
b. Standard ANTI-SCRATCH COATINGS (ASC) have one-time, 1-year warranties.
c. POLYCARBONATE, HI-INDEX and TRIVEX have one-time, 1-year warranties because they come automatically with anti-scratch coatings.
d. TRANSITIONS lenses have one-time, 1-year warranties against scratches because they automatically come with anti-scratch coatings.

RETURN POLICY
Professional Services:
1. Fees for professional services are non-refundable.

Glasses/Ophthalmic Products:
1. Glasses are complex, custom-made medical devices. In the event that a patient is not satisfied with the visual acuity obtained with the
prescription lenses provided by our office, the patient will be asked to return to the office for an adjustment of the glasses and, as
necessary, a short prescription check appointment with the optometrist. We offer a one-time prescription adjustment or non-adapt remake within
30 days of the glasses dispense. The patient is responsible for the price difference in the lens cost if any upgrades are made during this
time. No refunds are issued for any downgrades
2. If you are not completely satisfied with your purchase, you are allowed to cancel before the job is processed for a full refund. If the job has been processed, we are not able to refund the entire cost if you decide to cancel or return them. There is a 40% cancellation fee, for the lens, because lab charges have been accrued on the order. A 30% restocking fee will apply used frames.
3. Glass Lens Waiver—Duty to Warn—Proper selection and use of eyewear is critical to your eye safety. If your occupation, sports, or other activities expose you to the risk of flying objects or physical impart, your eye safety may require the use of special spectacle lens materials. For tasks which require impact protection, polycarbonate or Trivex lenses should be used.
4. NON-PRESCRIPTION SUNGLASS PURCHASES ARE NON-REFUNDABLE.


Contact Lens Purchases:

1. We do not supply contact lenses without a 6-month valid prescription.

2. Should you not have one, we will gladly do a contact lenses consultation that will be charged for.

3. Contact Lens (CL) Open Box Policy
Open CL boxes cannot be returned for credit.
Unopened CL boxes may be returned or exchanged within 30 days of the dispense date.

Promotions Terms and conditions

All promotions run by Dynamic Vision Optometrists are subject to the following terms and conditions.
Promotions are valid at participating outlets only.
Availability of stock: All promotions are valid only while stocks last.
Photos used in promotions are for example purposes only. The frames seen in the pictures may or may not be available in South Africa.
Frame and Lifestyle images used might not be available in South Africa
Promotions can not be redeemed outside the specific dates.
Promotions cannot be claimed after an order has been placed prior to the promotion commencement date.

Additional Term’s and Conditions

1. INTRODUCTION
1.1. The following terms shall have the meaning assigned to them hereunder and similar expressions shall have corresponding meanings, namely:
1.1.1. “Agreement” means these terms and conditions for Services rendered and the sale of any Products as agreed to by the Customer on the Patient Information Card;
1.1.2. “Business Hours” means the hours between 08h00 and 16:30 weekly and/ or any houses which the Parties may agree to in writing herein or anywhere else;
1.1.3. “Patient Information Card” means the card provided by The Dynamic Vision practice to the Customer and upon which the Customer completes its details and agrees to the Terms and Conditions;
1.1.4. “Day/s” means a day, which is not a Saturday or a Sunday, or a public holiday in the Republic of South Africa;
1.1.5. “Debit Order Agreement” means the NetCOLLECT debit order form for payment of an account which the Customer may elect to enter into, which agreement is attached to the Patient Information Card;
1.1.6. “the Dynamic Vision practice” means a member of the Dynamic Vision Optometrists group;
1.1.7. “Goods” shall mean reference to both the Products and/or Services including any other supply ancillary thereto;
1.1.8. “Customer” means any person who has entered into this Agreement
with The Dynamic Vision practice for the provision Goods and by applying its signature to the Patient Informaton Card and which person is responsible for payment of the account as provided for in the Patient Information Card;
1.1.9. “Order” shall mean and include the contents of each order by the Customer from The Dynamic Vision practice as amplified by these terms and conditions or referred to in each separate order form;
1.1.10. “Parties: means reference to both the Customer and The Dynamic Vision practice and “Party” shall mean either of them as the context requires;
1.1.11. “POPI” means the Protection of Personal Information Act No. 4 of 2013 (as amended);
1.1.12. “Prescribed Interest Rate” means the maximum interest as prescribed by the Minister in terms of Section 1(2) of the Prescribed Rate of Interest Act 55 of 1975; as amended from time to time;
1.1.13. “Prices” shall mean the prices stated in the order form in respect of the Goods ordered by the Customer;
1.1.14. “Products” shall include reference to but not limited to the supply of eye care related products and any ancillary products thereto;
1.1.15. “Services” shall include reference to but not limited to the supply of eye testing, _______________ and any other supply ancillary thereto;

1.2. In this Agreement
1.2.1. legislation made from time to time under that provision and include that provision as modified or re-enacted from time to time;
1.2.2. words importing any one gender include the other gender; the singular include the plural and vice versa; and natural persons include created entities (corporate or non-incorporate) and vice versa;
1.2.3. any definition, wherever it appears in this Agreement, shall bear the same meaning and apply throughout this Agreement unless otherwise stated or inconsistent with the context in which it appears;
1.2.4. if there is any conflict between any definitions in this Agreement then, for purposes of interpreting any clause of the Agreement or paragraph of any Annexure, the definition appearing in that clause or paragraph shall prevail over any other conflicting definition appearing elsewhere in the Agreement;
1.2.5. any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (i.e. pro non scripto) and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision
in any other jurisdiction;
1.2.6. when any number of days are prescribed in this Agreement, such number shall be reckoned exclusively of the first day and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;
1.2.7. this Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa; 1.2.8. The grant of any indulgence, extension of time or relaxation of any provision by a Party under this Agreement shall not constitute a waiver of any right by the grantor or prevent or adversely affect the exercise by the grantor of any existing or future right of the grantor; 1.2.9. A Party may not rely on any representation which allegedly induced that Party to enter into this Agreement, unless the representation is recorded in this Agreement.

2. DURATION
2.1. This Agreement shall commence on the Commencement Date and shall continue until either Party terminates the Agreement.

3. GOODS
3.1. The Customer will complete and submit their medical aid scheme details to The Dynamic Vision practice if they are a member to any medical aid scheme on the Patient Information Card.
3.2. If the Customer does not belong to a medical aid scheme:
3.2.1. They will complete their personal details and may be liable to pay a deposit before receiving any Goods.
3.2.2. The Customer will be sent an account for immediate payment.
3.2.3. The Customer may agree to utilise a debit order facility provided by The Dynamic Vision practice upon request and by completing the Debit Order Agreement.
3.3. If the Customer is a member of a medical aide scheme:
3.3.1 The Customer will complete the details of their medical aid scheme on the Cover Sheet.
3.3.2 The Customer will receive the Goods and the account will then be submitted to their medical aid provider.
3.3.3 Any shortfall or non-payment of account by the medical aid provider will be for the account of the Customer.
3.4 Delivery
3.4.1 The Dynamic Vision practice will order the requested Goods, made to the Customers requested specifications, and the Customer will be notified by email and/or SMS when their Product is ready for collection.
3.4.2 The Customer will only be able to collect their Product once same has been paid in full or if they have completed and signed the Debit Order Agreement to pay off same within a maximum period of 3 (three) months.
3.4.3 The Customer may be charged additional fees if the Customer requires urgent delivery of a Product if The Dynamic Vision practice is able to arrange same.
3.5 Risk and Ownership
3.5.1 Delivery of the Products to the Customer shall take place at the place of business of the elected Dynamic Vision outlet.
3.5.2 The risk of damage to, destruction or theft of Product shall pass to the Customer at the moment same is given to the Customer at the premises of the Dynamic Vision practice.
3.5.3 Any Product supplied by The Dynamic Vision practice to a Customer in terms of a Debit Order Agreement shall remain the property of The Dynamic Vision practice until the last payment is effected.

4. QUOTATIONS ISSUED BY DYNAMIC VISION
4.1. Quotations will be issued by The Dynamic Vision practice to any Patient within 3 (three) days upon a request for the quotation by a Customer or prospective Customer.
4.2. Quotations issued shall remain valid for a period of 30 (thirty) days from the date of issue of the quotation. Quotations exclude Value Added Tax (VAT).  VAT will be charged and be payable the prescribed rates, unless the Patient provides written proof of its exemption from payment of VAT.
4.3. All quotations are subject to the availability of the Goods and are subject to correction of good faith errors by the Dynamic Vision practice.
4.4. Escalation of quoted prices to be charged in accordance with price increases in Products and Service to be charged by the Dynamic Vision Group.
4.5. The prices quoted are subject to any increases in the prices of the Dynamic Vision Group before acceptance of the order.
4.6. No Products or Services will be supplied without an official written and acceptance by the Customer by signing and order form.

5. INVOICING AND PAYMENT
5.1. The Customer agrees that the amount contained in a tax invoice issued by the Dynamic Vision practice shall be due and payable upon delivery of the Services or ordering of any Products. If the Customer has applied for a debit order installment of the amount due, the amount due will be payable within a maximum of 3 (three) months from the month in which a debit order has been initiated by the Dynamic Vision
practice.
5.2. The Customer agrees to pay the amount on the Tax Invoice into the bank account details of the Dynamic Vision practice as specified on the tax invoice or communicated to the Customer from time to time.
5.3. The risk of loss due to payment by cheque sent to The Dynamic Vision practice through the post rests with the Customer.
5.4. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by Dynamic Vision, reduced to writing and signed by the Patient and a duly authorised representative of Dynamic Vision.
5.5. The Customer is not entitled to any deduction or to set off any amount due to the Customer by The Dynamic Vision practice against this debt.
5.6. The Customer agrees that the amount due and payable to The Dynamic Vision practice may be determined and proven by a certificate issued and signed by any director, member or manager of Dynamic Vision, whose authority need not be proven or by any independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
5.7. If any amount due to The Dynamic Vision practice is not paid on due date, such amount, as well as this agreement as a whole will become an incidental credit agreement, which will bear interest from that date at the maximum prescribed interest rate as stipulated in section 42(1) of the National Credit Regulations per month, but only if applicable to the applicant in terms of sections 4, 5 and 6 of NCA. Such interest will be capitalized monthly in advance.
5.8. The Customer agrees that if an account is not settled in full as per clause 5.1 above, The Dynamic Vision practice will be entitled to immediately institute action against the Customer at the sole expense of the Customer; or be able to cancel the Agreement and take possession of any Product delivered to the Customer and claim damages. These remedies are without prejudice to any other right The Dynamic Vision practice may be entitled to in terms of this Agreement or in law. The Dynamic Vision practice reserves its right to immediately suspend its performance of its obligations in terms of this Agreement on
cancellation or on non-payment.
5.9. A Patient whom has signed a Debit Order Agreement to pay off their debt in installments will forthwith lose the use of such debit facility and will be liable for charges if there is no money on his account, the debit order does not go through. When payment is not made according to its debit order, all amounts then outstanding shall immediately become due and payable.
5.10. Increases in Dynamic Vision’s costs which are consequent upon changes in the said rates or upon any change in or imposition of new government taxes, levies or contributions payable by The Dynamic Vision practice shall be a net addition from the price agreed.

6. INDEMNIFICATION FOR LOSS
6.1. Under no circumstances shall The Dynamic Vision practice be liable for any damages (including consequential damages) including loss of profits or for any delictual liability of any nature whatsoever which may be caused by the Product and/or Services Rendered or failure of any nature whatsoever of the Product whether caused negligently or innocently and the Patient hereby further indemnifies The Dynamic Vision practice against all such claims. It is specifically recorded and agreed that The Dynamic Vision practice shall not under any circumstances whatsoever be liable for any damage that may arise due to a Product being incorrectly used by a Customer.
6.2. The Customer acknowledges that it does not rely on any representations made by The Dynamic Vision practice in regard to the Products and Services or any of its qualities leading up to this Agreement other than those contained in this Agreement and is aware of the proper use of the Products prescribed as well as all cleaning and maintenance procedures. The Patient acknowledges that he/she has the necessary knowledge and knows how to safely and correctly use the Products and will adhere to all rules prescribed by an optometrist when utilizing the Goods.

7. FORCE MAJEURE
7.1. The Dynamic Vision practice will not be held liable for any damages arising from its inability to perform in terms of the Agreement due to any force  majeure including any acts of God or any circumstance beyond the control of Dynamic Vision, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.

8. MARKETING
8.1. As per the Customer’s instruction on the Patient Information Card, the Customer agrees that The Dynamic Vision practice may market to and communicate with the Customer and share the Customer’s personal information with its business partners for the purposes of marketing Goods unless the Patient has elected on the Patient Information Card or chooses in future to opt out of receiving such communications at any time.

9. ADJUSTMENTS TO FRAMES AND REPAIRS
9.1. The Dynamic Vision practice shall provide services in relation to frames purchased from the Dynamic Vision practice for a nominal fee. Services may include the adjustment of frames, replacement of screws, re-attachment of rimless (“rimlon”) lenses and the replacement of nose pads on frames.
9.2. All adjustment and repairs to frames are done at the customer’s own risk.
9.3. The customer acknowledges that frames may contain deficiencies not visible by the naked eye and frames may become brittle with age, as such
the customer acknowledges that all adjustments are made to frames that are no longer covered by a manufacturer’s warranty are done at the customers own risk and The Dynamic Vision practice will not be liable for any damage caused to a frame as a result of a The Dynamic Vision practice Optometrist adjusting a frame at the request of a customer. The aforementioned includes, but is not limited to scratches, chipping of lenses, warping and/or breaking of frames due to the adjustment of the frame.
9.4. In the event that the warranty on a frame supplied by The Dynamic Vision practice Optometrist expires, The Dynamic Vision practice Optometrist shall attend to the repair of the frame at a reasonable fee.
9.5. The customer acknowledges that repairs to a discontinued and/or old frame may result in the use of components by the Dynamic Vision practice that differ from the original components in colour and functionality. The customer further acknowledges the fact that repairs by soldering an old frame may result in the discoloration of the frame.
9.6. No repairs are done on scratched, chipped or damaged lenses.

10. NEW LENSES IN OLD FRAMES
10.1. The Dynamic Vision practice shall take the utmost care in fitting new lenses in old frames provided by the customer. The customer acknowledges that, in a small percentage of cases, frames supplied by customers are worn, brittle, cracked or corroded to the point that the frame can no longer support the fitment of new lenses. The Dynamic Vision practice will not be liable to damage caused to a frame provided by the customer due to the fitment of new lenses to an old frame.
10.2. The Dynamic Vision practice shall not be liable to refund the costs incurred in relation to new lenses in cases where old frames supplied by Customers for the fitment of lenses do break. The Dynamic Vision practice will however assist the customer in selecting frames to replace the broken frame.

11. WARRANTY
11.1. Frames:
11.1.1. All frames supplied by The Dynamic Vision practice carry a 1 (One) year warranty against manufacturer defects.
11.1.2. Frames are not warranted against accidents or abuse. All damaged frames are subject to inspection by the Dynamic Vision practice and the manufacturer who will access the damage to the frame and consider whether the defect is a manufacturers defect.
11.2. Lenses:
11.2.1. Anti-Reflective (AR) coatings carry a 2-year warranty which specifically provides that, in the event of a defect in the coating, the lenses will be replaced once during the 2 year period.
11.2.2. Standard Anti-Scratch Coatings (ASC) carries a 1-year warranty which provides that scratched lenses may be replaced once during the 1-year warranty period.
11.2.3. Transitions, Polycarbonate, Hi-Index and Trivex lenses carry a 1 year warranty anti-scratch warranty which provides that scratched lenses may be replaces once during the 1-year warranty period.

12. RETURN POLICY
12.1. Professional Services:
12.1.1. Fees for professional services are non-refundable.
12.2. Glasses/Ophthalmic Products
12.2.1. Glasses are complex, custom-made medical devices. In the event that a patient is not satisfied with the visual acuity obtained with the prescription lenses provided a Dynamic Vision practice, the patient will be required to return to the particular Dynamic Vision Optometrist for an adjustment of the glasses and, as necessary, a short prescription check appointment with the Dynamic Vision practice.
12.2.2. The Dynamic Vision practice offers a one-time prescription adjustment or non-adapt remake within 30 days of the glasses being dispense. The patient is responsible for the price difference in the lens cost if any upgrades are made during this time. No refunds are issued for any downgrades.
12.2.3. In the event that the customer is not completely satisfied with the purchase, the customer may cancel the order for Goods any time before the order1 is processed for a full refund.
12.2.4. In the event that the customer’s order has been processed, and the customer elects to cancel the order for any reason whatsoever, The Dynamic Vision practice will charge the Customer a 40% cancellation fee on the costs quoted of the lenses and 30% restocking on quoted price of the frame.
12.2.5. NON-PRESCRIPTION SUNGLASS PURCHASES ARE NON-REFUNDABLE.
12.3. Contact Lenses
12.3.1. Unopened Contact Lens boxes may be returned for credit or exchanged within 30 days from date of the lenses being dispensed.
12.3.2. Open contact lens boxes cannot be returned for credit.

13. BREACH AND TERMINATION
13.1. In the event that any Party breaches any term of this Agreement, then without prejudice to the other party and/or other rights in terms of this Agreement or in law, the effected party shall have the right to terminate this Agreement forthwith by notice if:
13.1.1. the Customer fails to pay any amount owing to The Dynamic Vision practice on due date and fails to make such payment within 7 (seven) Days of receipt of written demand thereof from Dynamic Vision;
13.1.2. the Customer is unable to pay its debts, commits any act of insolvency as described in the Insolvency Act, 1936, or application is made for the surrender, sequestration, liquidation or winding-up of its estate or if The Dynamic Vision practice anticipates that any of the events as set out in this clause 9.1.2. are imminent;
13.1.3. if the Customer does or allows to be done anything which in Dynamic Vision’s opinion will or may have the effect of negatively affecting the operation of the Services, and fails to remedy such breach within 5 (five) Days of receipt of written demand to that effect from Dynamic Vision; or
13.1.4. the Customer who commits a breach of any of the terms or conditions of this Agreement and fails to remedy such breach within 10 (ten) Days after dispatch of a notice by The Dynamic Vision practice to the Patient requesting the Patient to remedy such breach.
13.2. Without prejudice to any other remedies which either of the Parties may otherwise have in terms of the Agreement or at law, either of the Parties will be entitled to terminate the Agreement, by 20 (twenty) Days written notice to the each other.

14. PRIVACY/ COMPLIANCE WITH POPI
14.1. The Customer, by signing the Patient Information Card, consents to the processing of the personal information that he/she has provided to The Dynamic Vision practice for establishing its account and further consents to The Dynamic Vision practice disclosing such information to credit control companies, banks and other institutions involved in rating credit and/or the initiating of a debit order facility on behalf of the Customer. The Customer agrees that The Dynamic Vision practice will not be held liable for the good faith disclosure of any of this information to such third parties and that no further specific consent
needs to be obtained for the transfer of such information to a specific third party.
14.2. The Customer, by signing the Patient Information Card, hereby consents that The Dynamic Vision practice can provide personal information of the Patient to third parties and will not be liable for the good faith disclosure of any of this information to such third parties.

15. NOTICES AND DOMICILE
15.1. All notices, authorisations and requests given or made in connection with the Agreement must be sent by hand, pre-paid registered post, email or facsimile to the addresses and numbers set out on the Patient Information Card.
15.2. The Parties hereby choose domicilia citandi et executandi (its domicile for the purpose of being served summons and execution levied)
for all purposes under the Agreement the physical addresses provided by the Parties on the Patient Information Card.
15.3. Change of addresses and numbers.
15.3.1. Each Party may by giving written notice to the other Party, change the addresses and numbers set out on the Patient Information Card to any addresses and numbers in the Republic of South Africa, provided that such change shall only take effect fourteen 10 (ten) Days after delivery of such written notice.
15.4. Deemed delivery.
15.4.1. Notice shall be deemed to have been given –
15.4.1.1. if delivered by hand to a responsible person during Business Hours to the designated physical address, on the date of delivery;
15.4.1.2. if sent by pre-paid registered post in a correctly addressed envelope to the designated postal address, on the 7th (seventh) Day after the date of posting; or
15.4.1.3. if sent by fax or email to the designated fax number or email address, on the 1st (first) Day following the date of successful transmission.
15.5. Notice actually received.
15.5.1. Notwithstanding anything to the contrary stated above, if a notice or communication is actually received by a Party, adequate notice or communication shall have been given, even though it was not delivered in a manner described above.

16. ENTIRE AGREEMENT
16.1. The Agreement constitutes the entire Agreement between Customer and The Dynamic Vision practice in respect of the subject matter of the
Agreement and neither party shall be bound by any undertakings, representations, warranties or promises not recorded in the Agreement.

17. VARIATION
17.1. No amendment or modification to the Agreement shall be effective unless in writing and signed by both parties.

18. WAIVER
18.1. No granting of time or forbearance shall be or be deemed to be a waiver of any term or condition of the Agreement and no waiver of any breach shall operate a waiver of any continuing or subsequent breach.

19. SEVERABILITY
19.1. If the whole or any part of a provision of the Agreement is void or voidable by either party or unenforceable or illegal, the whole or that part (as the case may be) of that provision, shall be severed, and the remainder of the Agreement shall have full