Please read this USER AGREEMENT carefully. It contains important contractual rights, obligations and conditions between you and Health24. Your acceptance of the terms of this USER AGREEMENT is required for your continued use of this web site.
2. The Health24 website [is only intended to provide the user with information regarding its products and services] / [consists of information, content and services provided by Health24, its licensor(s), third parties and users of the Health24 web site.
3. Health24 expressly reserves the right, in its sole and absolute discretion, to amend this agreement.
4. Health24 expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and/or restrict access to the services, content, information, software, or file(s) appearing on or transmitted through the Health24 web site.
5. Any information and/or content appearing on or transmitted through the Health24 web site does not constitute advise and you, the user, are encouraged to consult with your professional advisor before acting on any information or content appearing on or transmitted through the Health24 web site.
6. Nothing on this website shall be construed as an offer by Health24 to you, the user, but merely an invitation to do business.
INTELLECTUAL PROPERTY RIGHTS & LICENSE
7. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Health24, and as such, are protected from infringement by domestic and international legislation and treaties.
8. All rights not expressly granted are reserved. The intellectual property rights in all content, information, services and/or software vesting in Health24 shall continue to vest in Health24 and no right, title or interest in any proprietary material or information contained in this website is granted to you.
9. Health24 grants to you, the user, a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content, information, software, or file(s) on any machine(s) of which you, the user, are the primary user for non-commercial purposes only.
10. You, the user, are prohibited from sublicensing, assigning or transferring this license to any person.
11. Without derogating from the above, you, the user, may designate family members to use and access the information, content or services on the Health24 web site subject to the terms of this User Agreement.
12. Unauthorised copying of content, information, software, or file(s), including content, information, software, or file(s) that have been amended, modified, combined or included with such content, information, software, or file(s), or the written materials associated therewith is expressly prohibited.
13. Any unauthorised copying and/or sublicensing, or attempt at copying and/or sublicensing, assignment or transfer of this agreement, shall result in the immediate termination of this agreement by Health24 without notice.
14. You, the user, shall be responsible for all use of the information, content or service accessed through your user account, which may be determined by cookies, password(s) or authentication certificate(s).
15. You, the user hereby ratify, guarantee and agree to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.
16. You, the user, hereby acknowledge that certain information, content, service and/or links may contain objectionable images, materials, content or information.
17. Except as expressly permitted in this User Agreement, neither you, the user, nor your designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the Service.
18. By using this website or communicating with Health24 by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
CHANGES AND AMENDMENTS
19. This website may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this website. Health24 reserves the right to make improvements and/or changes or amendments to this website at any time.
20. Health24 reserves the right to change and amend the prices and rates quoted on this website without any notice.
22. While using this website, information about you may be either collected by us or provided by you. Such information will become the property of Health24.
23. Health24 may use this personal information to provide you with information regarding our products, services, or events from time-to-time. You may request that Health24 cease sending you such information or request that your personal information be removed from our database or mailing list at any time by e-mailing email@example.com.
24. You may also request access to any personal information concerning you that Health24 holds. The Promotion of Access to Information Act, 2 of 2000 ("Proatia") set out and regulate how such a request should be made and under what circumstances such access may be refused.
25. You may update or correct your personal information by e-mailing firstname.lastname@example.org. You may also view your personal information that we hold and correct it if necessary on written request to Health24.
26. Health24 does will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to Health24 employees or agents who require such information to carryout their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of Health24 or its associated services or website(s), Health24 will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
27. Health24 is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party websites.
29. If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us at email@example.com.
TRANSMISSION OF INFORMATION
30. The user acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to Health24 any information that may be confidential, proprietary, or sensitive. The user shall bear all risk of transmitting such information in this manner and under no circumstances will Health24 be liable for any loss, harm, or damage suffered by the user as a result thereof. Health24 reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Health24 deem it necessary.
31. Any information or material sent to Health24 will be deemed not to be confidential, unless otherwise agreed in writing by the user and Health24.
LINKING AND FRAMING
32. It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Health24.
33. The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted without our written consent.
LINKS TO THIRD PARTY SITES
34. Health24 provides links to the user only as a convenience and the inclusion of any link does not imply Health24’s endorsement of such sites.
35. Linked websites or pages are not subject to the control of Health24. Health24 shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.
36. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Health24 should suffer any damage or loss, civil damages will be claimed.
37. You, the user, warrants that you use the Health24 web site at your own risk.
38. You, the user, acknowledge that no implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy has been given by Health24, its information providers, licensors, suppliers, employees, agents, and Internet service providers providing access to the Health24 web site.
39. This website and the information, content and/or services are provided "as is" and Health24 makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing, Health24, its information providers, licensors, suppliers, employees, agents, and Internet service providers providing access to the Health24 web site does not warrant that the website or information will be error-free or will meet any particular criteria of performance or quality, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this User Agreement.
40. Whilst Health24 has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.
RISK & LIMITATION OF LIABILITY
41. The user’s use of this website and the information contained therein is entirely at the user’s own risk and the user assume full responsibility and risk of loss resulting from the use thereof. Neither Health24, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein.
42. While all reasonable steps have been take to ensure the accuracy and safety of the Health24 website, the use of the products or services advertised on this website are used at the user’s own risk. The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. Health24 will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the Health24 website.
43. Associated Press Notice
Associated Press text, photos, graphics, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Subscriber does not hold the AP liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing. Copyright 1998 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
44. Reuters Limited Notice
Copyright 1998 Reuters Limited. All rights reserved. Reuters content may not be stored except for personal, non-commercial use. Republication and redissemination of Reuters content is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors, omissions, interruptions or delays in connection with the Reuter content or from any damages arising therefrom.
45. These Terms and Conditions of Use constitute the entire agreement between Health24 and you, the user of this website. Any failure by Health24 to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
46. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
47. This User Agreement is concluded in the Republic of South Africa, and shall be governed by and construed in accordance with the laws of the Republic of South Africa and the jurisdiction of the South African courts. The parties hereto acknowledge that they are barred from instituting any action or legal proceeding or process more than one year after the day on which the claim or cause of action arose.
48. If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
11 On Adderley Cape Town
Tel: +27 21 468-8278
Fax: +27 21 468-8200
Read: Terms and Conditions of Health24 Online Marketing Agreement