Terms and conditions – Momdoc

Website Terms and Conditions of Use

THESE TERMS AND CONDITIONS
1. These terms and conditions (“the/these Terms and Conditions”) govern your use of the website situated at www.oneaid.co.za (“the/this Website”). Please read the Terms and Conditions in full and carefully before you use this Website.
2. In these terms and conditions, “we” “us” and “our” refer to the authors of this Website.
3. By accessing this Website, you agree to be bound by the provisions of these Terms and Conditions, with effect from the first time that you access this Website.
4. We reserve the right, at any time and in our sole discretion, to amend these Terms and Conditions without further notice to you. By accessing and using this Website, you agree to be bound by the provisions of these Terms and Conditions, together with any updates that may be made to these terms and conditions from time to time (“the Updates”).
ACCESS TO THIS WEBSITE AND CONSENT TO USE OF PERSONAL INFORMATION
1. It is your responsibility to acquire, maintain and licence all computer hardware, software, telecommunications facilities and internet access in order to access this Website. It is your responsibility to ensure that all such hardware, software and facilities that are procured by you is compatible with this Website.
2. You will be able to access the majority of this Website without having to register any details with us. To the extent that you do register any of your personal details on this Website, you consent to us and our agents using your details to contact you for purposes of (i) marketing to you, (ii) contacting you in connection with any services provided to you; and (iii) internal analysis and statistical reporting.
USE OF THE WEBSITE
1. You may only access and use the Website in a lawful manner for your own private or educational purposes. You may not access or use this Website for any commercial or non-private/educational purpose without our prior, written consent.
2. You may print and download material from this Website, provided that you do not reproduce, publish, republish, adapt, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the user content without our prior, written consent.
3. With the exception of personal and private information, any material that you send or post to this Website shall be considered non-proprietary and non-confidential.
4. We undertake to take all reasonable care with any information which you may provide to us when accessing this Website. We do, however, not warrant and cannot ensure the security of any information which you may provide to us. Any information that you transmit to us is entirely at your own risk.
5. When using this Website you shall not post or send to or from this website any material:
  1. which you are not permitted to so post or send or for which you have not obtained all necessary consents, permissions, permits and/or licences;
  2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or is otherwise in contravention of the laws of the Republic of South Africa; and
  3. which is harmful in nature including, and without limitation, damaging code, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
6. We shall not be liable for any material which you post or send to or from this Website and we reserve the right to remove or modify any such material.
7. We will –
  1. fully co-operate with any law enforcement authorities or Court Order requiring us to disclose the identity or other details of any person posting material to this website in breach of this clause 3; and
  2. in addition to any other rights which we may have, including (without limitation) the right to lay criminal charges, be entitled to claim from you all damages, losses, liabilities and expenses incurred by us and/or our affiliates resulting from or attributable to a breach by you of this clause 3.
SITE INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
1. We may make changes to the material on this Website at any time and without any notice to you.
2. You utilise the information, viewpoints and/or opinions expressed on this Website and through any service offered to you in terms of this Website at your own risk.
3. The information, viewpoints and/or opinions set out on this Website and forming part of any service offered in terms of this Website have been expressed in good faith and are provided for educational purposes only, without taking into account your personal objectives, medical situation or needs. We give no representations and make no warranties whatsoever, including but not limited to the accuracy or completeness of any such information, viewpoints and/or opinions.
4. Neither we nor any of our affiliates, subsidiaries, directors, officers, employees, agents, contractors or suppliers can be held liable for any damages, losses or causes of action of whatsoever nature arising from the reliance upon any information, viewpoints and/or opinions contained on the Website or the use of the Website by you for any purpose whatsoever.
5. Nothing on this Website shall be construed as a solicitation, recommendation to engage in any transaction or to offer to provide advice to you.
6. No lawyer-client, advisory, fiduciary or other relationship is created between us and you or any third party accessing or otherwise utilising the Website or any services provided in terms of this Website.
7. All intellectual property (whether registered or not) on this Website including, without limitation, copyright, software, information, graphics, designs, design elements, patents, text, formatting, logos, trademarks, icons and hyperlinks are owned by us or our licensors and must not be reproduced without our and/or our licensor’s prior written consent.
AVAILABILITY
1. Although we will take all reasonable steps to ensure that this Website is available 24 hours every day, this Website may be unavailable as a result of maintenance, upgrades and/or other technical issues. We will not be:
  1. obliged to notify you of any downtime or unavailability of this Website; and/or
  2. liable for any claims, losses, damages or expenses incurred by you if this website is unavailable at any time.
2. We reserve the right, in our sole discretion, to:
  1. terminate this Website or change the domain name or address of this Website without any notice to you;
  2. deny or terminate all or part of your access to the Website where in our opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached the provisions of these Terms and Conditions; or
  3. block or suspend your account, remove your default settings, or part thereof, without prior notice to you.
LINKS TO OTHER WEBSITES
1. Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third-party websites or their content. If you choose to access a third party website linked to this website, you do so at your own risk.
2. We will not be liable to you for any claim whatsoever arising from or attributable to your use of any link/s on third party websites to access this Website.
INFORMATION PROVIDED “AS IS”
1. This Website and any services is provided in terms of this Website are provided “as is” and have not been specifically designed to meet any individual person’s particular requirements.
2. We have taken all reasonable steps to ensure that the information on this Website is correct. We do not, however, guarantee the correctness or completeness of material on this Website.
3. This Website should under no circumstances be seen as a substitute for formal medical advice and whenever the possibility of an individual being injured or ill exists, the advice of a qualified medical professional should immediately be sought. In the case of any medical emergency, an ambulance should immediately be called by you or you should immediately travel to the nearest emergency room.
4. All diagrams displayed on this Website are for illustrative purposes only.
5. The material on this Website is provided for educational purposes only. and is provided without any warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that it excludes all representations, warranties and conditions which but for these Terms and Conditions may have effect in relation to this Website.
6. Although we take all reasonable measures to ensure the safety and security of this Website, we do not warrant or represent that this Website is safe and secure.
INDEMNITY
1. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of this Website.
LIMITATION OF LIABILITY
1. Subject to the provisions of any applicable legislation, neither we, nor our affiliates and their respective directors, shareholders, agents, consultants or employees or any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible to you or any third party for any loss, damage or expense of whatsoever nature that you or any third party may suffer as a result of accessing and/or using this Website. This exclusion shall include, without limitation, servicing or repair costs and any other direct, indirect or consequential loss.
GENERAL PROVISIONS
1. These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in South Africa and you agree to submit to the jurisdiction of the South African Courts in this regard.
2. These Terms and Conditions, as amended from time to time by us in our sole discretion, constitute the entire agreement between you and us in relation to the subject matter of the Terms and Conditions.
3. No failure or delay to exercise any of our rights will be construed as a waiver of any such right, whether express or implied, nor will it affect the validity of any part of these Terms and Conditions or prejudice our rights to take subsequent action against you.
4. If any of these Terms and Conditions or provisions are held to be invalid, unlawful or unenforceable, such term, condition or provision will be amended as necessary to render it valid, lawful or enforceable. Failing this, such term, condition or provisions will be deleted from the remaining terms, conditions and provisions, which will continue to be valid to the full extent permitted by the law.
5. The provisions of these Terms and Conditions must be read in conjunction with any further documentation pertaining to this Website, including but not limited to the Website’s privacy policy, and such documentation shall be deemed to be incorporated herein.
6. We shall be entitled to cede, assign and transfer any of our rights and obligations under these Terms and Conditions without obtaining your consent and without notice to you.