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note that these terms and conditions may not be copied
or used, in part or whole, without the express written
permission of TraumaClinic. The wording "The
Website" below refers to the Wellnet Website. |
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| 1. |
USAGE
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1.1 |
Persons using "The
Website" for any reason whatsoever, subject themselves
to and agree to the terms and conditions and privacy
policy of "The Website" when accessing the
website as set out below.
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1.2 |
This website is
only intended to provide the user with information
regarding "The Website", its products offered
and services rendered and advice given.
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1.3 |
Without derogating
from the a foregoing, "The Website" hereby
authorises the user to view, copy, download to a local
drive, print and distribute the content of this website,
or any part thereof, provided that:
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1.3.1 |
such contents is used for information
and/or non-commercial purposes only; and |
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1.3.2 |
any reproduction of this the
content of this website, or portion thereof, must
include the following copyright notice: "The
Website" 2009. ALL RIGHTS RESERVED. |
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1.4 |
Users that wish to use content
from this site for commercial purposes may only do
so with prior written permission. |
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| 2. |
INTELLECTUAL PROPERTY RIGHTS |
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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 "The Website", and as such, are protected
from infringement by domestic and international legislation
and treaties. Subject to the rights afforded to the
user herein, all other rights to all intellectual
property on this site is expressly reserved. |
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| 3. |
ELECTRONIC COMMUNICATIONS |
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By using this website or communicating
with "The Website" 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". |
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| 4. |
CHANGES
AND AMENDMENTS
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4.1 |
"The Website" expressly reserves
the right, in its sole and absolute discretion, to alter
and/or amend any criteria or information set out in
this website without prior notice. |
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4.2 |
"The Website" reserves the right
to change and amend the prices and rates quoted on this
website without any notice. |
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4.3 |
The user undertakes to check "The
Website" frequently and to acquaint themselves
with the changes and/or amendments in the information
supplied on the website. |
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| 5. |
PRIVACY POLICY |
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5.1 |
"The Website" protects the user's
privacy: |
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5.2 |
No personal information
will be disclosed to third parties without the user's
permission or due process. |
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5.3 |
"The Website"
gathers and will be in possession of the following
private and personal information: |
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5.4 |
Information provided
by the user voluntarily - this information is used
to provide a better service to users; |
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5.5 |
Information automatically
provided (e.g. cookies) - this information is gathered
to better your browsing and interaction with "The
Website". Cookies cannot harm your computer or
carry viruses; and |
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5.6 |
By using this website
the User consents to the following: |
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5.6.1 |
"The Website" may
use your personal information to communicate with
the user from time to time. Users may indicate if
they do not wish to receive such communications; and |
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5.6.2 |
"The Website" may
use user's information for non-personal statistical
purposes. |
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5.7 |
"The Website"
retains the copyright in databases of personal information
of users. |
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| 6. |
LINKING AND FRAMING |
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6.1 |
Any third party
site may link to this website provided that such a
link is directed at the home page of this website.
It is expressly prohibited for any person, business,
entity or web site to link to any page other than
the home page of this website, without the prior written
approval of "The Website". |
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6.2 |
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 "The Website". |
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| 7. |
AGREEMENTS IN TERMS OF
SECTION 21 OF THE ELECTRONIC COMMUNICATIONS &
TRANSACTIONS ACT |
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7.1 |
No information or data on this
website is an offer but merely an invitation to do
business. |
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7.2 |
No agreements shall be concluded
merely by sending a data message to this website or
its owners, valid agreements require an acknowledgement
an offer, of receipt from this website. |
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| 8. |
SEARCHING TECHNOLOGY |
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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 if such technology
will result in slowing down this website server or
copyright infringement of any data and information
available from this website. Data and information
may only be used in compliance with sections 5 to
8 hereof. |
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| 9. |
LINKS TO THIRD PARTY SITES |
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9.1 |
"The Website"
may provide links to the user only as a convenience
and the inclusion of any link does not imply "The
Website's" endorsement of such sites. |
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9.2 |
Linked websites
or pages are not subject to the control of "The
Website". "The Website" 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. |
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| 10. |
SECURITY OF INFORMATION |
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10.1 |
All reasonable steps
will be taken to secure a user's information. |
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10.2 |
Users undertake not to divulge
their user name and passwords to any other person. |
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10.3 |
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 "The Website" should suffer any damage
or loss, civil damages will be claimed. |
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| 11. |
DISCLAIMER |
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11.1 |
Subject to the provisions
of sections 43(5) and 43(6) of the Electronic Communications
and Transactions Act, "The Website" shall
be liable for any damage, loss or liability of whatsoever
nature arising from the use or inability to use this
website or the services or content provided from and
through this website. Furthermore, "The Website"
makes no representations or warranties, implied or
otherwise, that, amongst others, the content and technology
available from this website are free from errors or
omissions or that the service will be 100% uninterrupted
and error free. |
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11.2 |
This website is supplied on an
"as is" basis and has not been compiled
or supplied to meet the user's individual requirements.
It is the sole responsibility of the user to satisfy
itself prior to entering into this agreement with
"The Website" that the service available
from and through this website will meet the user's
individual requirements and be compatible with the
user's hardware and/or software. |
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11.3 |
Information, ideas and opinions
expressed on this site should not be regarded as professional
advice or the official opinion of "The Website"
and users are encouraged to consult professional advice
before taking any course of action related to information,
ideas or opinions expressed on this site.
"The Website" will not be held liable for
any adverse effects caused as a direct result of implementing
information/following advice provided on the website,
and that provided information is to be used at own
risk.
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11.4 |
All items purchased from "The
Website" are made pursuant to agreements with
shipping and delivery agents and risk of loss pass
from "The Website" to such agents upon delivery
of any item to such carrier. |
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11.5 |
Neither "The Website"
nor any of its agents or representatives shall be
liable for any damage, loss or liability of whatsoever
nature arising from the use or inability to use any
product sold on this website. |
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11.6 |
Postings of any kind posted to
this website or e-mail sent to this website are not
editorially controlled and therefore "The Website"
cannot be held liable for illegal or unconstitutional
content. The user indemnifies "The Website"
from all liability in this regard. |
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| 12. |
SEVERABILITY |
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12.1 |
These Terms and Conditions of Use
constitute the entire agreement between "The
Website" and you, the user of this website. Any
failure by "The Website" 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. |
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12.2 |
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. |
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| 13. |
APPLICABLE AND GOVERNING
LAW |
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This website is
hosted, controlled and operated from the Republic
of South Africa, and thus the South African Law governs
the use or inability to use this website and these
terms and conditions. |
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| 14. |
CONTACT INFORMATION / DOMCILIUM
CITANDI ET EXECUTANDI |
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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:
TraumaClinic
7 Summerley Road,
Kenilworth,
W.CAPE 7708.
Tel.: (021) 762 7377; Fax: (021) 762 7386
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