|
Limitation of liability: Subject to section 43(5) and 43 (6) of ECTA, if applicable, and to the extent permitted by law, the Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Pro Sano, Owners, suppliers, employees, directors, partners, affiliates and agents shall not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. Pro Sano and the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link. Neither Pro Sano nor any holding company, affiliate or subsidiary of Pro Sano or Owners, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Pro Sano is expressly advised thereof.
Privacy, access to and use of information: Pro Sano receives various types of information (“the Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of ECTA (hereinafter referred to “Personal Information”). Pro Sano may electronically collect, store and use Personal Information, including name, contact details and email. Pro Sano voluntarily subscribes to s 51 of ECTA and endeavors to treat Personal Information received by Pro Sano accordingly. Whenever the User is of the opinion that Pro Sano fails to comply with s 51 of ECTA, User shall contact Pro Sano by sending an email to enquiries@prosano.co.za. Pro Sano will review the User’s representations made by email and, if within Pro Sano’s sole and absolute discretion advisable, take corrective action if any. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Pro Sano and the Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners and/or Pro Sano through the Internet, or that you expressly or implicitly authorise Pro Sano and the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of Pro Sano, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:
Privacy: casual surfing: The User may visit the Website without providing any personal information. The User accordingly hereby grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Pro Sano uses this information to determine use of the Website, and to improve Content thereon. Pro Sano assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Privacy: unsolicited information: If the User posts unsolicited content or other information (“the Information”) to the Website, and unless otherwise indicated, then the User grants to the Owners and to Pro Sano a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants to Pro Sano the right to use the name that the User submits in connection with such Information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to Pro Sano, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies Pro Sano for all claims resulting from the receipt by Pro Sano of the Information the User supplies to it. Pro Sano reserves the right but not the obligation to monitor and edit or remove any Information, where posted on to public pages. Pro Sano takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
Privacy: solicited information the User give to Pro Sano: Pro Sano requires certain Personal Information necessary to process transactions if the User requires any of Pro Sano’s products or services. Pro Sano receives and stores all Information, including Personal Information which the User enters on the Website or gives to Pro Sano, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from this Pro Sano. Pro Sano provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User hereby and when entering into the specific transactions in question expressly grants in writing to the Owners and Pro Sano a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media for any purpose whatsoever. The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into is shared with those entities.
Privacy: promotional information: Pro Sano aspires to be the most reliable and caring provider of access to affordable healthcare benefits to its members, which necessitates Pro Sano providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Pro Sano Help Desk on 0860 109 559 or via email at enquiries@prosano.co.za.
Privacy: business transfers: Pro Sano may enter into business arrangements whereby its member base is one of the more valued assets. In such an event, member Information will be one of the transferable assets.
Privacy: lawful purposes: When Pro Sano is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Pro Sano may also impart Personal Information if permitted or required to do so by law.
Privacy: surveys and statistical profiles: Pro Sano understands that efficiency and customer care translates to good service. Pro Sano may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Pro Sano will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys. Notwithstanding the foregoing, Pro Sano may chose to use Personal Information to compile profiles for statistical purposes and may chose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
Privacy: storage: Personal Information will be stored for as long as it is used and for a period of one year thereafter, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information may be destroyed once it has become obsolete but may be kept by Pro Sano.
Privacy: interception: Subject to the Regulation of Interception of Communications Act (“RIC”), Act no 70 of 2002, the User agrees that Pro Sano may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Pro Sano, its employees, directors and agents. The User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.
Choice of Law: This Website is controlled, operated and administered by Pro Sano from its offices as set out herein within the Republic of South Africa. Pro Sano makes no representation that the Content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court of South Africa (Cape of Good Hope Provincial Division) in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Pro Sano and the User with regard to the use of the Content and this Website.
Contact Details: In the event that you need to contact Pro Sano for purposes related to these Terms and Conditions, please use contact enquiries@prosano.co.za.
These terms and conditions were last updated on the 15th July 2008.
|
