1.1 “Agreement” shall mean the agreement set out in this document namely the terms and conditions of the MEDCAN website.
1.2 “Communication" shall mean any communication by means of electronic transmission, including by website notice, telephone, text, SMS, wireless computer access, email, mobile Application, USSD or similar technology or device;
1.3 “Intellectual Property Rights” shall mean copyright, trademark, patent or any other intellectual property right recognised by law.
1.4 “Product” shall mean goods sold or advertised on the website from time to time by MEDCAN,
1.5 “User” shall mean any person who enters the website.
1.6 “MEDCAN website” shall mean: www.medcan.co.za
2. DURATION AND COMMENCEMENT OF THIS AGREEMENT
2.1 The terms and conditions of this agreement are applicable to Users from the moment that they access the website,
2.2 The terms and conditions that require registration, shall endure indefinitely until terminated by MEDCAN.
3.1 MEDCAN and its representatives are not responsible for and give no warranties or representations in respect of the privacy policies or practices of any inter alia: third party and/or linked websites and/or linked application.
4. USE OF INFORMATION
4.1 This website is operated and controlled by MEDCAN and / or its nominees. The information from this website is protected by copyright and other proprietary rights laws. No information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of an authorised representative of MEDCAN or the manufacturer and/or wholesaler and/or agent and/or supplier of such product or service, as the case may be. MEDCAN and / or its affiliates retain all intellectual property rights in the Products, as the case may be.
4.2 All photographs, marketing techniques, designs, advertising pitches are the sole property of MEDCAN and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of an authorised representative of MEDCAN.
4.3 Any unauthorised copying, or attempt at copying, assignment or transfer of this Agreement, may result in the immediate termination of this Agreement by MEDCAN and MEDCAN reserves the right to seek civil damages or press criminal charges, as it sees fit, without limiting any of its rights.
4.4 The User is not granted a license or any other right including without limitation under any Intellectual Property Rights in or to the content of this website.
4.5 MEDCAN expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and / or restrict access to the website or any of its content for whatever reason.
4.6 Any person or entity whose products or services are removed from the website shall have no recourse against MEDCAN and/or its affiliates.
4.7 MEDCAN makes no representations or warranties as to the status or quality Products sold through its Website.
4.8 Should any party be of the belief that content on the MEDCAN website is in violation of any Intellectual Property Rights (“violation”), such violation must be reported to MEDCAN in order that MEDCAN is able to assess the situation, contact all relevant parties and take the measures it deems to be appropriate in the circumstances. In order to assess the situation, MEDCAN requires that the following be sent to it:
4.8.1 Identification of the alleged violation,
4.8.2 Contact details of the reporter of the violation in the form of telephone number, email address and full name,
4.8.3 Proof of Intellectual Property Rights,
4.8.4 Should the reporter not be the owner of the Intellectual Property Right, we require authorization of the reporter’s right to report the violation to us.
4.9 Should the information requested in terms of clause 4.8 above not be provided, MEDCAN is under no obligation to take any action.
4.10 MEDCAN will allow representations to be made in defense of allegations made regarding violations, and reserves the right to make decisions based on the information it receives from the relevant parties.
4.11 Any prices, at any time, displayed on the Website:
4.11.1 Are not necessarily final and may be amended by MEDCAN at any time and MEDCAN cannot be held liable for any loss/damages resultant upon amending prices displayed on the Website.
4.11.2 MEDCAN reserve the right to amend any incorrect prices displayed on the Website at any time.
4.12 Any Products advertised on the Website:
4.12.1 Are subject to MEDCAN’S discretion.
4.12.2 May vary from the photographs displayed on the Website.
5.1 MEDCAN shall not be liable for any security breeches occurring on the website whatsoever, including by virtue of the negligence of MEDCAN.
5.2 MEDCAN shall not be liable for any security breeches resulting in a lack of virus protection or spyware that any User may have inadvertently installed on their device, or which may automatically install on the User’s device.
5.3 It is the duty of all Users to ensure that their hardware and software is secure from threats which are found on the internet and that they back up their data regularly. MEDCAN shall not be liable for any failure to attend to the aforementioned.
5.4 Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and MEDCAN reserves its rights to both institute criminal proceedings against such persona and its employer and/or claim damages for any losses or damages it incurs from such person and/or its employer.
5.5 MEDCAN shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of website content by the User or any third party who obtained any content from the User.
6.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, the use of any information contained on this site is at the User’s own risk, and MEDCAN and its affiliates accepts no liability for the use of and / or reliance upon and / or inability to use any information of this site, nor shall they be liable in any manner for any losses or damages of any nature resulting from the direct or indirect use of and/or reliance upon the information contained on the website or websites linked to the website.
6.2 It is the User’s responsibility to ensure that their software or hardware, as the case may be, is compatible with the website.
6.3 Communications expressed on this site should not be regarded as the opinion or view of MEDCAN and MEDCAN will accept no liability resulting there from.
6.4 MEDCAN, will accept no responsibility for losses or damages resulting from the reliance on information on the Website, and Users should always seek professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
6.5 The Website is supplied in the form preferred by MEDCAN and is not catered per the requirements of an individual.
6.6 Regarding any hyperlinks provided on the website, MEDCAN does not necessarily agree with the content thereof and accepts no liability incurred from the use of such hyperlinks.
6.7 Users agree to indemnify and hold harmless MEDCAN, its officers, directors, employees, partners, suppliers and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the User has used the website in violation of another party's rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to the User’s use of the Website.
6.8 Website Cookies: when entering the website, information such as user preference and activity may be stored and used by MEDCAN to improve the Website’s functionality. Cookies may be disabled by Users.
7. HEALTH AND SAFETY
7.1 MEDCAN shall not be liable, and the User hereby waives any claim, for the against MEDCAN for the use or misuse of MEDCAN’S Products, as well as the availability(or lack) thereof.
7.2 It is each User’s responsibility to ensure that they have consulted an approved medical practitioner prior to using MEDCAN Products.
7.3 MEDCAN does not warrant that its Products are suitable for the User.
8. JURISDICTION AND GOVERNING LAW
8.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, notwithstanding the location that the User accesses or uses the website from.
8.2. MEDCAN shall nevertheless have the right to institute proceedings in any other competent court which may otherwise have jurisdiction should it choose.
9. WHOLE AGREEMENT
This Agreement (together with the policies of MEDCAN and terms of sale and applicable MEDCAN policies) constitutes the entire Agreement between MEDCAN and the User with regard to the use of the content and this Website.
If any provision of this Agreement is held to be invalid or unenforceable or contrary to any law for any reason, that provision is fully severable from the remaining provisions of this Agreement. Such invalid or unenforceable parts shall be considered.
11.1 MEDCAN reserves the right to amend its Website and/or this Agreement or any part(s) thereof. This includes addition and removal of any of the terms and conditions of this Agreement and the features of the Website.
11.2 MEDCAN may modify its terms and conditions at any time. Modifications will be published on the Website. It is the User’s duty to acquaint itself with the contents of the Website’s terms and conditions and be aware that same may change from time to time at the discretion of MEDCAN.
11.3 If you do not understand any of the terms and conditions of MEDCAN, you are encouraged to contact us and we will gladly be of assistance.
POPI- Policy in Terms of the Protection of the Personal Information Act, No. 3 of 2013 (‘Act’)
1.1 By virtue of the Company’s business, it naturally from time to time comes into possession of various items of personal information.
1.2 The Company undertakes to ensure that to ensure that its employees, directors, affiliates, partners and/or clients adhere to the strictest levels of confidentiality and respect individual’s right of privacy.
2.1 To the extent that the Company gathers personal information which it provides to a third party contracted to it, the Company acts in the capacity of an Operator as is defined in the Act.
2.2 To the extent that the Company can be considered to be the party processing personal information, it shall be acting in the capacity of being a Responsible Party in terms of the Act.
2.3 The Company shall at all material times comply with its obligations in terms of the Act depending on its capacity in which it is acting in the circumstances.
2.4 Should the Company process or store any personal information, it confirms that the processing or storage thereof shall be for the specific reason which it was processed or stored, which it deems to be adequate and relevant, and not excessive.
2.5 The Company shall record all personal information processed and maintain same to the extend required in terms of the law (as may be amended from time to time).
3.1 The purpose of this policy is to outline the Company’s approach to the storage and processing of personal information in like with the Act. In this regard, the Company:
3.1.1 Strives to process personal information lawfully and reasonably, and without infringing on the privacy of the owner of the personal information;
3.1.2 Strives to ensure the protection of personal information and constitutional rights;
3.1.3 Shall establish conditions in accordance with applicable laws that prescribe minimum threshold requirements for the lawful processing and storage of personal information;
3.1.4 Comply with voluntary and compulsory measures, including those established by the Regulator in order to promote the protection of personal information rights;
3.1.5 Shall only use personal information collected for the purpose of which it was collected;
3.1.6 Shall not release data to the media or general public unless required to do so by law.
4. STORAGE OF DATA
4.1 All personal information received by the Company shall be stored, only where the Company in its opinion is of the view that it requires to store such personal information for the purpose of which it was collected.
4.2 All personal information stored by the Company shall be on-site and/or on the Company’s secure servers (whether hosted by the Company or a trusted third party) and secured using the Company’s reasonable measures and encryption.
4.3 Personal information will be retained for the period required by the Company and/or for the period required by law.
4.4 The Company may store data for a longer period of time should it be of the view that personal information may be required in the future for a specific purpose. Appropriate safeguards will be put in place in terms of the Act should the need arise.
4.5 Should the Company delete, erase or destroy data, such deletion/erasure/destruction shall be permanent.
4.6 Only specific, vetted, persons within the Company shall:
4.6.1 have the ability to access and review personal information provided on a “need to know basis”;
4.6.2 be entitled to share or distribute the personal information for its specific purpose or as may be required by law.
4.7 The persons within the Company who have access to personal information shall be bound by the Company’s confidentiality undertakings.
4.8 The Company will use its reasonably best endeavours to ensure that service providers it uses are trusted and reputable.
5. UNLAWFUL DISCLOSURE OF PERSONAL INFORMATION
5.1 Any unlawful or unintended disclosure of personal information or breach of the Act shall be immediately reported to the Regulator and dealt with in terms of the Act.
5.2 Affected persons shall be notified within a reasonable time after the Company has undertaken its own internal (and where necessary, external) investigations.
6. PERSONS WISHING TO ACCESS PERSONAL INFORMATION
6.1 In the event that a third party wishes to access personal information stored by the Company, the third party shall request access in writing to the Company, who will act in accordance with the Act at all times.
6.2 If the Company cannot comply with the third party’s request, it shall provide written reasons where possible.
6.3 As a general rule, the Company will only disclose third party information where compelled by law (including the Promotion of Access to Information Act) or by court-authorised subpoena.
7. INFORMATION REGULATOR
7.1 In terms of the Act, the Information Regulator has been established and will be endowed with various power and authority once the Act is in effect.
7.2 The Information Regulator will, amongst other things, seek to provide education on the collection and use of personal information, monitor and enforce compliance with the Act, handle complaints, conduct research, assist with the preparation of sectoral codes of conduct and generally assist with the implementation of the Act and assist the general public on information related issues, where required
7.3 Any complaint in respect of any personal information processed by the Company and/or its related security companies may be referred to the Information Regulator in writing at firstname.lastname@example.org
Additional information can be viewed at http://justice.gov.za/inforeg
Any clause which does not comply with legislation shall be considered as pro non scripto in so far that it cannot be rectified to comply with legislation.