The parties to this agreement are you (“the user”)
and the owners of this website being Medi-Clinic Limited. (“Medi-Clinic”)
Your use of and access to this website will at all
times be governed by the provisions of these terms and conditions and by
using and/or accessing this website you accept fully all these terms and
conditions and agree to bound by and comply fully therewith.
If you do not wish to be bound by and comply with these terms and
conditions in full, your access and use of this website must be terminated
immediately.
PRIVACY POLICY Medi-Clinic is committed to ensuring
the privacy and integrity of information submitted by users of our website.
All information of a personal nature submitted or provided by users will be
treated confidentially and will not be disclosed to any person without express
consent of the user concerned but always subject to the following:
Disclosure of any information provided or submitted
by a user will only be allowed to be made where:
Such information is in the public domain; or
Medi-Clinic is obliged in terms of any law, order of court, legal
process or other lawful reason to disclose such information.
Personal information may be disclosed to
Medi-Clinic’s vendors, suppliers and marketing agents where this information
is necessary for them to evaluate and enhance the product and services
offered on this website.
Medi-Clinic may disclose certain personal
information of users such as names and e-mail addresses to affiliated
service providers for purposes of distributing promotional materials,
surveys and questionnaires or other information or material for which a user
has specifically indicated its willingness to receive.
Medi-Clinic may provide general information to
third parties which do not contain particular personal information of users
such as their names and addresses, and which is intended to be used solely
for compiling statistical or demographic information or otherwise.
Medi-Clinic does not and cannot control the confidentiality, access to or
dissemination of information which is retrieved through the use of “cookies” or
information retrieved through the collecting and storing of IP addresses of
visitors to this website.
A “cookie” is a computer file, which is transferred automatically from our
website to a user’s computer during an online session which enable Medi-Clinic
and its sponsors and advertisers to customise webpage content and to gather
general information on the use and frequency of the user traffic.
An IP address is an address assigned to your computer or server identifying it
when conducting Internet activity.
A user’s access to this website and the information
contained on it, does not in any way convey or transfer any right in or to
the intellectual property rights of Medi-Clinic’s data or information
displayed or accessible from the website or in any of the trademarks,
copyright, designs, patents, domain names, know-how, confidential
information, trade secrets or any other intellectual property rights which
may vest in Medi-Clinic or in the author, compiler, creator or licensor of
such information.
All Medi-Clinic’s trademarks, logos, brands,
domain names and other marks and intellectual property relating to this
website, or any information contained or accessible from this website shall
remain the sole and exclusive property of Medi-Clinic and the relevant
authors or licensors and the user undertakes that it will not use,
disseminate, or otherwise deal with such intellectual property without
Medi-Clinic, the relevant licensor or author’s prior written approval.
Copyright and all other intellectual property
rights subsisting in any data base/s maintained by Medi-Clinic and relating
to this website is owned by Medi-Clinic or the relevant provider or supplier
thereof.
A user may only use information retrieved, viewed,
downloaded or otherwise obtained by viewing this website, for its own
personal and non-commercial use and such information and/or data may not be
sold, resold, transmitted or otherwise made available or disseminated in any
manner via any media to any third parties unless the prior written consent
of Medi-Clinic has been obtained.
The user undertakes not to change or delete any
proprietary notices contained in any material, data or information
downloaded or otherwise retrieved from the Medi-Clinic website.
Under no circumstances may a user reverse, engineer, disassemble,
decompile, reproduce, transcribe, store in a retrieval system, translate into
any language or computer language, retransmit in any form or by any means,
(electrical, mechanical, photo reproduction, recordation or otherwise) any of
the material, information or content viewed, downloaded or otherwise retrieved
from this website without the prior written consent of Medi-Clinic.
The content on this website is presented for
information purposes only and nothing contained in this website is intended
to be instructional for medical diagnosis or treatment. The information
contained on this website is not intended to replace or substitute
professional medical advice and is merely inserted for general informational
and educational purposes. The information does not relate to any particular
individual or individuals and under no circumstances should any user rely on
the information for purposes of any treatment and/or medical advice.
Any person requiring any medical advice or
treatment should consult their relevant medical practitioner or other
qualified healthcare professional to suitably diagnose any ailments or
diseases and prescribe the relevant treatment.
All information viewed or services used or accessed
from this website are provided “as is” without any warranty, whether express
or implied.
Medi-Clinic does not warrant, hold out or represent that any services,
benefits or facilities offered on this website to users or a class of users,
such as online booking available to certain registered healthcare professionals
will always be available, be accurate, reliable, or perform the functions it
was intended to. Users are cautioned against relying on any service or facility
provided on this website and should always independently verify any information
or confirmation contained or generated form this website or any software
associated therewith.
Medi-Clinic provides hypertext links to websites on
the Internet which are operated by third parties. Users are encouraged to
use discretion when searching or accessing such links.
Under no circumstances does Medi-Clinic take
responsibility for the content and/or services or products offered on third
party websites which may be linked to this website and gives no warranty,
guarantee and makes no representation in respect of such linked websites.
The provisions of these terms and conditions do not
apply to such third party websites as these websites are not maintained
and/or hosted by Medi-Clinic or its service providers.
This website contains advertisements, comprising, inter alia, any
illustrative and/or textual material, including banners, pop-up windows,
buttons, intermercial, links and advertising sponsorships. Unless specifically
otherwise indicated in writing, Medi-Clinic does not endorse any product whose
services are advertised or promoted by such advertisement nor does Medi-Clinic
make any representation or give any warranty in regard to the content,
accuracy, suitability or fitness for purpose of any material, information or
data contained in or linked to any advertisement on this website.
The user undertakes to conform to generally
acceptable Internet etiquette and to abide by all Medi-Clinic’s operating
policies which may be amended from time to time at Medi-Clinic’s discretion.
The user warrants and undertakes that all information, documentation, data
and material provided or transmitted to Medi-Clinic will be accurate,
truthful and current and the user is solely responsible for the content of
such information, documentation, data and material.
Medi-Clinic reserves the right to take any action
in relation to any documentation, information, data or material which
Medi-Clinic may in its sole discretion deem necessarily appropriate, if it
believes that the failure to take such action may create any liability
whether perceived or otherwise for Medi-Clinic or its suppliers, or
advertisers who cause Medi-Clinic to lose or suffer any harm or damages in
any proprietary interest or goodwill or which may adversely affect the
provision or access to this website or the services of any of its service
providers. In particular, the user undertakes:
not to violate the privacy of any person or to
violate the security of any computer system or network, which shall
include but not be limited to:
the infringing, directly or indirectly, any
third party copyright, patent, trademark, trade secret or any other
proprietary rights or rights to publicity or privacy;
the violation of any law, statute,
ordinance, regulation or public policy in force in South Africa. In this
regard the user undertakes to familiarise itself with and ensure that he
is kept continuously aware of, any amendments to such laws or
regulations which may be in force from time to time;
any information, documentation, data or
material submitted or provided to Medi-Clinic shall not be defamatory,
trade libellous, unlawfully threatening or unlawfully harassing,
obscene, offensive or in bad taste;
any files transmitted shall not contain any
“viruses”, “Trojan Horses”, “worms”, “time bombs”, “cancelbots” or any
other computer programming routines or software that is intended to
damage, detrimentally interfere with, intercept or expropriate any
system, data or computer network nor to engage any activities which can
be regarded as hacking or otherwise interfering with the integrity of
this website and its supporting infrastructure;
the commission of any act or any omission which
may have adverse technical affects on the integrity or functionality of
this website and its supporting servers and infrastructure;
giving or making available in any way the user’s user name and
password to any other person in any manner for such person’s use, and
the user undertakes to take whatever steps may be necessary to ensure
the safekeeping and confidentiality of such user name and password and
in any event a user shall not disclose same to any third party without
Medi-Clinic’s prior written consent. A user shall be legally bound by
and held responsible for actions taken with its user name and password.
The user hereby acknowledges that Medi-Clinic is entitled to reasonably
presume that the user is the transacting party where a specific user
name and password has been used to gain access to, view and/or engage in
any activity on this website or any part thereof;
to immediately notify Medi-Clinic should it have
any reason to believe that the confidentiality of the user name and
password may be compromised;
to inform Medi-Clinic of any restrictions and/or limitations on the
authority of any authorised user who has been given access to the service
and/or content of this website promptly and in writing.
Due to the number of sources from which Medi-Clinic
obtains content and the nature of electronic distribution via the worldwide
web and internet, neither Medi-Clinic nor any of its suppliers shall be
liable to any user or to any other person in respect of any loss or damage
of whatsoever nature caused by or arising from any of the following
circumstances, (and the user hereby indemnifies Medi-Clinic and its
suppliers against any and all claims in respect of such loss or damage):
resulting from or related to the use or access of
or inability to use or access any of the Information, content or services
provided on this website;
any fact or circumstance beyond the reasonable
control of Medi-Clinic;
any breakdown in the service provided by external
service providers (including but not limited to line failure attributable
to Telkom);
the performance or unavailability of this
website, or any other website to which it is connected or linked;
any suspension or interruption of access to this
website by Medi-Clinic;
any breach of privacy or security by any person
or entity;
the loss, damage, destruction, theft,
contamination or corruption of any data, information or content accessible
by means of this website;
the preservation and protection of the integrity
of any text or any other form of data, information or content which is
contained on or accessible from this website;
any publication or use of any information or data
contained on or accessible from this website;
a user’s failure to perform any of its obligations in terms of this
agreement, including but not limited to a failure to comply with any of
the provisions of clauses 6 and 8.
Without limiting the generality of the aforegoing,
neither Medi-Clinic or its suppliers shall be liable for any direct,
consequential or indirect loss suffered by a user or any other person, and
the user hereby indemnify and holds Medi-Clinic and its suppliers harmless
against any such claim or liability, including but not limited to loss of
profits, loss of data and/or loss of anticipated business or goodwill.
While Medi-Clinic will use all reasonable
endeavours to ensure integrity, security and confidentiality of all personal
information submitted and/or obtained from a user, it will not be held
liable under any circumstances if such information is compromised,
disseminated or otherwise disclosed through conduct outside the control of
Medi-Clinic such as hacking, infection by viruses, Trojan Horses or any
other computer programming routines or software that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information.
Medi-Clinic hereby disclaims any liability for, and
the user hereby indemnifies Medi-Clinic and its suppliers from and against,
any and all losses, liability, costs or damage suffered or incurred by a
user or any other person arising out of or in connection with the use,
provision or distribution of any feature or service which may be promoted,
displayed on, or associated with, this website or any other website which
can be accessed from this website, however such loss or liability may occur,
and whether such loss or liability is financial, personal, consequential,
incidental or otherwise.
Medi-Clinic does not warrant or represent that the functions, facilities or
services or content contained on this website, or access to this website or any
part thereof, will be uninterrupted or error free, that defects will be
corrected, or that this website and/or the server that makes it available to a
user, is free of viruses, infections, bugs or the like, nor does Medi-City make
any warranty or representation, whether express or implied, as to the
reliability, accuracy, usefulness, adequacy, quality, currency, completeness,
suitability, fitness for any purpose or otherwise of any of the information,
services, facilities, data or material displayed on or accessed from this
website.
Where any user is permitted to participate in
online communications such as sending and receiving electronic mail
(e-mail), engaging in conferences, downloading and uploading files and other
use permitted by Medi-Clinic, such access and participation is subject to
the following:
files that may be uploaded, public messages sent
and user’s activity in conference are subject to review, modification and
deletion without notice by the representative of Medi-Clinic responsible
for the administration in the area where the activity takes place;
Medi-Clinic’s operating policy relating to online
conduct, storage and deletion of e-mail and uploading files, conferences,
bulletin boards and other matters are available and/or will be made
available online. Medi-Clinic reserves the right in its sole discretion to
change such policies at any time and from time to time;
files uploaded to a bulletin board may be subject to posted
limitations on usage, reproduction and dissemination and users are
responsible for adhering to such limitation should they download same.
Users are specifically prohibited from engaging in
any of the following activities:
Posting or transmission of any message which is
or is likely to be interpreted as libellous, harmful, threatening, abusive
or defamatory in the opinion of Medi-Clinic;
Posting or transmission of any message, data,
image or program which is indecent, obscene or pornographic;
Posting the same note more than once (“spamming”)
is strictly prohibited;
Interception or attempted interception of e-mail
or other private communications not intended for that user;
Use of this website as a mass unsolicited
distribution medium to communicate a generally unsolicited message;
Sending unsolicited e-mail messages through third party mail service
in order to relay, hide the origin of the e-mail to others;
A user’s participation in online communication occurs in real time and is
not edited, censored or otherwise controlled by Medi-Clinic. Medi-Clinic cannot
and does not screen content provided by users during online communication.
Notwithstanding the aforegoing, Medi-Clinic reserves the right to monitor and
record content in online communications but is not obliged to do so.
Medi-Clinic reserves the right to remove content which Medi-Clinic in its sole
discretion determines to be harmful, offensive or otherwise in violation of
these terms and conditions or Medi-Clinic’s operating policies for users on
Medi-Clinic online.
In the event that a user should engage in any one
or more of the prohibited practices or fail to comply with any obligations
contemplated in 6.2 and 8.2, or otherwise breach any of the provisions of
these terms and conditions, which shall be determined in Medi-Clinic’s sole
discretion and which decision shall be final, then Medi-Clinic shall be
entitled to, without prejudice to any of its rights to:
terminate or suspend, without notice, a user’s
access to or use of this website or any service or facility;
charge the user for any costs incurred by
Medi-Clinic, including, but not limited to, administration costs and
downtime; and
in the event that any such practice has an adverse technical
effect on the network, to require the user to take such steps as may be
necessary to rectify the situation at his/her own cost and expense.
The termination or suspension of a user’s right to use or access this
website or any part thereof, will not affect the provisions of these terms and
conditions which shall survive any such termination or suspension.
Medi-Clinic may deliver notice to the user under
these terms and conditions by means of electronic mail, a general notice on
this website, or by written communication delivered by registered post to
the user’s address on record. A user may give notice to Medi-Clinic at any
time via electronic mail at webmaster@mediclinic.co.za or by registered
letter to the following address: The Webmaster, Medi-Clinic Ltd, P O Box
456, Stellenbosch, 7599.
An e-mail duly transmitted by either party shall be deemed to have been
received 1 (one) day after the date of transmission provided that no notice has
been received indicating a failure of or inability to deliver such message.
Correspondence sent by registered post shall be deemed to have been delivered 6
(six) days after the date of posting.
THIRD PARTY
RIGHTS
The provisions of these terms and conditions are stipulated for the benefit of
Medi-Clinic, its officers, directors, employees, agents, licensors, suppliers
and information providers. Each of these persons or entities shall have the
right to assert or enforce any of these provisions directly against the user on
its own behalf which persons or entities hereby accepts such stipulation.
The provisions of these terms and conditions shall
be governed and construed in accordance with the laws of the Republic of
South Africa.
Where the law requires that any action related to a transaction be carried
out in writing or by using a paper document, that requirement shall be met if
the action is carried out in an electronic format or using a data message
(including but not limited to e-mail ).
WHOLE AGREEMENT
These terms and conditions constitute the whole agreement between the parties
and no party shall be bound by any undertakings, representations, warranties,
promises or the like not recorded herein.
NO WAIVER
Failure or neglect by Medi-Clinic to fully enforce at any time any of its
rights or any of the provisions of this agreement, shall not be construed as a
waiver of its rights, nor shall such failure or neglect in any way act as an
estoppel or effect the validity of the whole or any part of these terms and
conditions, nor prejudice Medi-Clinic’s rights to take any action which may
have arisen in the past or which may arise in the future.
Medi-Clinic reserves the right to change the
content, presentation, format, performance, layout, facilities and services
available or displayed on this website or any part thereof at its sole
discretion and hereby disclaim all liability, losses, claims, damages or
inconvenience which may be suffered by any person as a result of such
changes.
Medi-Clinic may modify these terms and conditions at any time and such
modification shall be effective immediately on the posting of such amendment
or modification on this website. A user may request e-mail notification of
such amendments or modifications by contacting Medi-Clinic at webmaster@mediclinic.co.za.
It is the responsibility of all users to be
regularly ensured that they are aware of any modifications and/or updates or
changes.
The continued use by a user or access to or viewing of this website and or
the services offered shall be deemed to be conclusive acceptance of such
modified terms and conditions.
SEVERABILITY
In the event that any of the terms of this agreement are found to be invalid,
unlawful or unenforceable, such terms will be separable from the remaining
terms, which shall continue to be valid and enforceable.
The User shall not cede any of his/her rights nor
delegate any of his/her obligations in terms of these terms and conditions.
Medi-Clinic shall be entitled to cede and transfer or delegate to any
third party at its absolute discretion all or any of its rights or obligations
under these terms and conditions.
SPECIFIC TERMS
OF USE
If any specific terms of use appear on this website in regard to all or a
portion of the content displayed on or accessible from this website, which
specific terms of use conflict with any of these terms and conditions, then the
specific terms shall prevail in regard to such content.