WEBSITE TERMS AND CONDITIONS
THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE MMCinfo.co.za WEBSITE OR ANY PART THEREOF IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE MMCinfo.co.za WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: www.internet.org.za/ect_act.html
DEFINITIONS AND INTERPRETATION
The clause headings in this document have been inserted for convenience only and not for interpretation purposes.
a. References herein to the MMCinfo.co.za website or content shall include any part thereof;
b. References herein to User(s) mean any person who accesses the MMCinfo.co.za website, notwithstanding the fact that such a person only visited the home page of the MMCinfo.co.za website;
c. References herein to the singular includes the plural and vice versa; and
d. Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.
1.1 The MMCinfo.co.za website is in support of the national MMC rollout and has been developed under the auspices of HIV Managed Care Solutions (Pty) Ltd trading as “CareWorks” (www.careworks.co.za).
1.2 The MMCinfo.co.za website and its contents are the property of CareWorks.
2. ALLOWED USE AND LICENCE
2.1 MMCinfo.co.za licenses the User to view, download and print the content of the website provided that such use is for private, personal, educational and/or non-commercial purposes only.
2.2 Content from the MMCinfo.co.za website may not be used or exploited by Users for any commercial or non-private purposes without the prior written consent of CareWorks.
2.3 Users may only access and browse the Website for legitimate personal or commercial purposes and may not use the Website for:
2.3.1 Harmful purposes;
2.3.2 Illegal purposes;
2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or
2.3.4 The creation, storage and sending of unsolicited commercial communications.
2.4 The caching of the Website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the Web / mobile site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by MMCinfo.co.za.
2.5 If any User uses content from the Website in breach of the provisions detailed herein:
2.5.1 CareWorks reserves the right to claim damages from the User;
2.5.2 CareWorks reserves the right to institute criminal proceedings against the User; and
2.5.3 CareWorks shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the Website from any other source shall be directed to the home page of the Website. Links beyond the home page may only be used with CareWorks’ prior written consent.
2.7 CareWorks shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of content, products or Services available from the Website, if such content, products or Services are accessed through a hyperlink not directed at the home page of the Website. Persons who wish to link to pages beyond the home page of the Website without CareWorks prior written consent shall do so at their own risk and indemnify CareWorks against any loss, liability or damage that may result from the use of such hyperlinks.
2.8 Users may quote small and reasonable amounts of content available from the Website and only if such a quote is placed in inverted commas and acknowledged.
2.9 No person may, without the prior written consent of CareWorks, frame the Website in any manner whatsoever.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of CareWorks
2.11 E-mail addresses, names, telephone numbers, and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to CareWorks and all rights detailed in section 45 of the ECT Act are reserved.
2.12 All licences and/or permissions granted in terms of this clause 2 are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by CareWorks at any time without prior notice or reason.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to CareWorks and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in section 2, all other rights to intellectual property on the Website are expressly reserved.
3.2 No person shall amend, copy, use, decompile and/or reverse engineer the source code of the Website.
3.3 No person may use logos, icons, or trademarks from the Website as hyperlinks or for other purposes without CareWorks prior written consent.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer / mobile hardware / device, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to and use of the Website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and MMCinfo.co.za has, amongst others, the duty to disclose the following information:
FULL NAME AND LEGAL STATUS HIV Managed Care Solutions (Pty) Ltd t/a CareWorks
REGISTRATION NUMBER 2003/024215/07z
PHYSICAL ADDRESS 10 Mill Street, Newlands, Cape Town, 7700
POSTAL ADDRESS P O Box 23460, Claremont, 7735
TELEPHONE NUMBER 021 673 5300
WEBSITE ADDRESS www.careworks.co.za
MEMBERSHIP OF SELF-REGULATORY BODIES Not Applicable
CODE OF CONDUCT Not Applicable
PHYSICAL ADDRESS FOR RECEIPT OF LEGAL SERVICE 10 Mill Street, Newlands, Cape Town, 7700
DIRECTORS HJ Lake, K Teversham, GPH Walton
ALTERNATIVE DISPUTE RESOLUTION Subject to urgent and/or interim relief, all disputes regarding:
i) access and use of the Website;
ii) the inability to access the Website;
iii) the Services and content available from the Website; or
iv) these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
COMPLAINTS COOLING OFF RIGHTS The cooling-off provisions detailed in section 44 of the ECT Act may apply to the Services available on the Website.
6. CHANGES AND AMENDMENTS
MMCinfo.co.za reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or Service available from the Website;
6.3 discontinue any aspect of the Website or Service(s) available from the Website; and/or
6.4 change the software and hardware required to access and use the Website.
7.1 Your privacy is important to us and we are committed to ensuring the privacy and integrity of information submitted by you when you access the Website, contact us electronically or register for any services offered by us or a third party.
7.2 Any information that is of a personal nature and is provided by you to us will be treated confidentially. We will not sell, rent or otherwise provide your personal information to any person without your express consent. We may however, disclose your personal information only where we are obliged in terms of any law, order of court, legal process or other lawful reason to disclose such information.
7.3 Notwithstanding the above, you agree that by your access to and use of the Website, we may send “cookies” from the Website to your computer. “Cookies” are information that is sent from the Website to your hard drive, where it is saved. In this way, the next time you use the Website, we will know who you are and that you have visited the Website before.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 MMCinfo.co.za may provide hyperlinks to web / mobile sites not controlled by CareWorks (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or Services of such target sites.
8.2 CareWorks does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use and inability to use or content available on or through target sites.
9.1 CareWorks shall take all reasonable steps to secure the content of the Website and the information provided by and collected from Users, from unauthorised access and/or disclosure. However, CareWorks does not make any warranties or representations that content shall be entirely safe or secure.
9.2 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, CareWorks is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer / mobile network that support the Website.
9.4 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold CareWorks harmless against any and all liabilities, damages, risks and losses that CareWorks and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
9.5 Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and Services on the Website and CareWorks reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
9.6 Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by CareWorks and its partners / affiliates due to or related to these illegal actions.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, CareWorks (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the Website;
10.1.2 access to and use of the Services;
10.1.3 access to web / mobile sites linked to the Website;
10.1.4 inability to access the Website or use the Services;
10.1.5 inability to access web / mobile sites linked to the Website;
10.1.6 content available on the Website;
10.1.7 Services available from the Website; or
10.1.8 any other reason not directly related to CareWorks gross negligence.
10.2 The MMCinfo.co.za website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with CareWorks, that the content available from and through the Website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of CareWorks and Users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
10.4 CareWorks does not make any warranties or representations that content and Services available from the Website shall in all cases be true, correct or free from any errors. CareWorks shall take all reasonable steps to ensure the quality and accuracy of content available from the Website.
10.5 CareWorks does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of CareWorks, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
10.6 The Website and the Services are provided “as is” and no warranties, implied or express, are given.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Website to CareWorks and CareWorks undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to CareWorks right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the Website or CareWorks employees.
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire agreement between CareWorks and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by CareWorks from the User.
13.2 Any failure by CareWorks to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and CareWorks agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Website for the first time;
14.2 data messages (as defined in the ECT Act) addressed by the User to CareWorks shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by CareWorks shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to CareWorks shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and CareWorks; and
14.6 the User agrees and warrants that data messages that are sent to CareWorks from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally.
15. APPLICABLE AND GOVERNING LAW
The Website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5, the South African law enforced by the South African courts governs the use of, or inability to use, the Website, its content, Services, products and these terms and conditions.
16. LEGAL COSTS
CareWorks shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
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