Terms of Website Use
OTHER APPLICABLE TERMS
INFORMATION ABOUT US
- • Website: http://www.udok.co.za is an Internet website owned and operated by Udok (Proprietary) Limited ("we", “us”, “our”).
- • We are registered in the Republic of South Africa under company number 2017/254421/07 and with our principal place of business situated at Block A, Room 7, Electron Street, Octo Place, Technopark, Stellenbosch, South Africa, 7600 (“Premises”).
- • For more information about us, Click Here.
CHANGES TO THESE TERMS
- • The amendments will be applicable when published on our website.
CHANGES TO OUR WEBSITE
- • We may update our website from time to time, and may change the Content at any time.
- • We may stop publishing our website at any time without notice and will not be responsible for any consequences.
- • Please note The Content on our website is provided for general information purposes only and that the Content may be out of date at any given time. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our website is accurate, complete, free from errors or omissions or up-to-date.
ACCESSING OUR WEBSITE
- • Access to our website is made available free of charge. Applicable fees in terms of our Services will be addressed in our subsequent Terms of Services.
- • We do not guarantee that our website, or any Content on it, will always be available or uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website (including, but not limited to, the Services available) without notice to you. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.
- • You are responsible for making all arrangements necessary for you to have access to our website, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our website, any subsequent services, or any portion thereof, will function on any particular hardware or devices. In addition, use of our website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- • Our website is directed to people residing within the Republic of South Africa. We do not represent that Content available on, or through, our website or our Services are appropriate or available in other locations. We may limit the availability of our website or any Services described on our website to any person or geographic area at any time. If you choose to access our website from outside the Republic of South Africa, you do so at your own risk.
RIGHTS GRANTED TO YOU
- • Any rights not expressly granted herein are reserved by us and our licensors.
- • You may not use our website or Content:
- • in any way that breaches any applicable local, national or international law or regulation;
- • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example: Spam).
- • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our website or the Content used by us or any other Users of our website; or
- • to access, without authority, interfere with, damage or disrupt any part of our website or the equipment or network on which the website is stored.
- • You may further not:
- • remove any copyright, trademark or other proprietary notices from any portion of our website or the Services available;
- • reproduce, copy (direct or in-direct), modify, adapt, reproduce, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display,
- • publicly perform, transmit, stream, broadcast or otherwise exploit our website or the Services (or any part thereof);
- • decompile, reverse engineer or disassemble our website or the Services except as may be permitted by applicable law;
- • cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/or functionality of any aspect of our website;
- • access or use our website or the Content through automated means, including through the use of robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of our website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); or
- • attempt to gain unauthorized access to or impair any aspect of our website or its related systems or networks.
INTELLECTUAL PROPERTY RIGHTS
- • We are the owners and/or rightful licensees of all intellectual property rights (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including the website look and feel and lay out), inventions, trademarks, which are created, invented and/or developed, registered or unregistered) in our website and Content and any subsequent services. Those works are protected by local and international laws and treaties around the world. All such rights are reserved.
- • You may copy, and may download extracts, of any page(s) from our website for your personal use and to determine whether you want to utilise our Services or not. You may draw the attention of others to content posted on our website or by sharing same via social networks or other means available.
- • You must not modify the copies of any materials you have printed off or downloaded from our website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of Content on our website must always be acknowledged.
- • in or related to our website except for the limited license granted under paragraph 7 above; or
- • to use or reference in any manner our business names, service names, logos, trademarks or service marks or those of our licensors (registered or un-registered).
NO RELIANCE ON INFORMATION
- • The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our website.
- • Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
- • WE PROVIDE OUR WEBSITE TO YOU ON AN “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT OR OUR SERVICES, WHETHER EXPRESS OR IMPLIED. IN ADDITION, WE MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE TIMELINES, QUALITY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF OUR WEBSITE OR ANY OF OUR SERVICES REQUESTED THROUGH THE USE OF OUR WEBSITE, OR THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR WEBSITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND THAT YOU WILL INDEMNIFY US AGAINST ANY CLAIM, DEMAND, DAMAGE, COSTS, LOSS OR LIABILITY (INCL. REASONABLE ATTORNEY’S FEES) RELATED TO YOUR USE OF OUR WEBSITE.
- • IT IS WITHIN YOUR SOLE DISCRETION TO USE OUR WEBSITE AND THEREFORE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE, OUR DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, USE OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM:
- • THE USE OR THE INABILITY TO USE OUR WEBSITE OR SERVICES;
- • THE COST OF PROCUREMENT OF SUBSTITUTED SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE OR SERVICES;
- • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- • STATEMENTS OR CONDUCT OF ANY THIRD PARTY VIA OUR SERVICES OR ON OUR WEBSITE;
- • RESULTS OF OUR SERVICES, ANY WEBSITES LINKED TO OUR WEBSITE AND ANY MATERIALS POSTED ON IT;
- • FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL; OR
- • ANY OTHER MATTER RELATING TO OUR WEBSITE AND SERVICES.
- • THE LIMITATIONS AND DISCLAIMER IN THIS PARAGRAPH 11 DO NOT LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER ANY APPLICABLE LAW.
- • We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- • Different limitations and exclusions of liability may apply to liability arising as a result of the supply of Services by us to you, which will be set out in our Terms of Services.
- • Although we are not obliged to provide security on our website, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our website is completely secure at all times.
- • To provide adequate security to all our Users, and to monitor activities prohibited under section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC Act.
- • It is our policy to virus check documents and files before they are uploaded to our website. However, we cannot guarantee that documents or files downloaded from our website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you agree not to upload or provide, via our website, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our website.
LINKING TO OUR WEBSITE
- • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.
- • Our website must not be framed on any other website, nor may you create a link to any part of our website other than the Homepage.
- • We reserve the right to withdraw linking permission without notice to you.
- • The website in which you are linking must comply in all respects with our Acceptable Use Policy.
THIRD PARTY SERVICES, CONTENT AND LINKS IN OUR WEBSITE
BREACH, SUSPENSION AND TERMINATION
- • All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
- • No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future.
APPLICABLE LAW AND JURISDICTION
ELECTRONIC COMMUNICATION AND CONTACT
- • Any Data Messages sent by us to you shall be deemed to have been sent from the Premises.
- • A Data Message is deemed to be sent:
- • By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
- • By you, at the time when we confirm receipt thereof.
- • A Data Message is deemed to be received:
- • By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and
- • By you, once it enters your information system.
- • Attribution of Data Messages - You agree and warrant that any Data Message sent to us from any computer or device that is owned by you, or programmed by you, was sent by you.
- • Website functionality or any other recommendations: Send us an email at firstname.lastname@example.org.
- • Our Services: Contact us by way of our Contact Us-page.
- • Complaints: We kindly request that you contact us first should you have any complaints or any other service related issues. It is important to us that you are satisfied with our Services. You may use the contact information as per our Contact Us-page. Please ask for a reference number if you speak to any of our representatives/consultants. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such complaint.
- • Legal Documentation or Notices (hopefully this will never be required):
- • Physical address: our Premises;
- • Email: email@example.com (heading: “LEGAL”);
- • Marked for the attention of: Managing Director (Legal)
- • Any notice to you or us which is:
- • sent by prepaid registered post in a correctly addressed envelope to the address specified for it under paragraph 18.4.1 above shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was posted;
- • delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
- • sent by a Data Message to the addressee shall be deemed to be received as per paragraph 17.3 above.
- • Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.
- Consumer shall have the same meaning attributed to it in terms of the CPA;
- • Content means any information, content, images, video, audio, data, works of authorship, materials, software and technology which may be displayed on, incorporated into, underlying, or used to operate our website;
- • CPA means the Consumer Protection Act, Act 68 of 2008;
- • Data Message shall have the same meaning attributed to it in terms of the ECT Act;
- • ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;
- • Personal Information shall have the same meaning attributed to it in terms of the POPI Act;
- • POPI Act means the Protection of Personal Information Act, Act 4 of 2013;
- • RIC Act means the Regulation of Interception of Communications and Provision of Communication Related Information Act, Act 70 of 2002;
- • Services means the services provided by us which includes, without limitation, the provision of a platform as a service website to act as access point to a database of healthcare professionals and all services ancillary to the aforesaid; and
- • Users mean users of our website (including u!).