Terms and Conditions

  • INTRODUCTION
  • These are the terms and conditions (“Terms of Service”) relevant to the Services we supply. These Terms of Service refer to the following additional terms which also apply to Your use of our Services:
  • Our Terms of Use;
  • Our Privacy Policy; and
  • Our Acceptable Use Policy.
  • The above terms and conditions and policies are hereby incorporated by reference and together are the agreement (“Agreement”) between us and You. If there is any conflict between the above terms and conditions/policies and these Terms of Service, the latter will prevail.
  • You acknowledge and agree that the provision of our Services to You (either as a Normal User or Medical Practitioner User) creates a direct business relationship between us and You. When we refer to “You” it could be either to You as a natural person or a juristic person You represent (if applicable), utilising our Services, unless specifically stated otherwise.
  • We do not, and shall not be deemed to, direct or control You generally or in Your use of the website or web-app under this Agreement including in connection with any content accessed, provided , links or downloaded ]
  • You retain the sole right to determine when, where, and for how long You will utilize our Services. You retain the option as registered user to subscribe or unscubscribe to the use of our services.
  • Except as otherwise expressly provided herein, the relationship between us and You are solely that of independent contracting parties. You expressly agree that no joint venture, partnership, or agency relationship exists between You and us and that neither of us (except where agreed in writing under these Terms of Service) have the authority to bind each other or hold ourselves out as an agent or authorized representative of the other.
  • INFORMATION ABOUT US AND HOW TO CONTACT US
  • Who we are: See our Terms of Use.
  • How we may contact You. If we have to contact You we will do so by telephone or by writing to You at the email address, postal address or other electronic communication facility address You provided to us in Your User Account.
  • A reference to "writing" shall include Data Messages, which shall include, but not limited to, emails. You acknowledge that all agreements, authorisation or request on our Services satisfy the “writing” requirement as per section 12 of the ECT Act.
  • USER AND IDENTIFICATION INFORMATION 
  • You acknowledge and agree that:
  • Information you give to us: We will use this information to:
  • the provision of statistical data and collection of information or any web app development, policy update, protocol changes or for any other reason deemed necessary for the development and purposes of the web-app application.
  • where you are the Medical Practitioner User, you are solely responsible and liable for your compliance with any and all relevant legislation, including, without limitation, the National Health Act, Health Professions Act and any and all Regulations applicable to the aforesaid; You are further responsible to adopt your own discretionary assessment regarding any policies, protocols and or regulations on this web-app application as circumstances and individual cases may differ. 
  • we may release whatever information you have submitted to us to perform under these Terms of Service, subject to any applicable provisions of the POPI Act; and
  • You are solely responsible for taking such precautions as may be reasonable and proper in the relationship between you as Medical Practitioner User or Normal User.
  • All obligations under the agreement entered into between the Normal User and/ or Medical Practitioner User and the Department of Health do not legally bind Us. It is Your responsibility to review such agreement in advance to determine whether it is suitable for Your purpose. 
  • You acknowledge and agree that, as a Normal User, You may be required to provide more information to allow access to the web app and more separate agreements, waivers or terms and conditions may apply.
  • AMENDMENT TO THESE TERMS OF SERVICE
  • We may amend the Terms of Service related to the Services from time to time. Amendments will be effective at such moment as they are uploaded to the site. Your continued use of the Services after such updated Terms of Service has been uploaded constitutes your consent to be bound by the Terms of Service.
  • SERVICES: RIGHTS AND RESTRICTIONS
  • Subject to these Terms, we hereby grant You a non-exclusive, non-transferrable, non-assignable and non-sub-licensable license to use our Services for the purposes of:
  • in the case of a Normal User, access to guidelines, protocols, standard operating procedures, links to useful websites, training information and dates. As a normal user you may be restricted to some of the information provided on the website / web app. 
  • in the case of a Medical Practitioner User, access to guidelines, protocols, standard operating procedures, links to useful websites, hospital and clinic information, useful contact details of hospitals or other medical practitioners, training information and dates.
  • You agree to comply with all applicable laws, including, in the case of Medical Practitioner Users, all medical professions legislation, when using the Services and You may only use the Services for lawful purposes.
  • You will not in Your use of the Services cause nuisance, annoyance, inconvenience, or property damage.
  • The rights provided under this paragraph are granted to You only and shall not be considered granted to any subsidiary or holding company in instances where You represent a juristic person.
  • THE SOLE PURPOSE OF OUR SERVICES IS TO CREATE A PLATFORM WHICH WILL MAKE ACCESS TO GUIDELINES , PROTOCOLS AND LEARNING TOOLS SUCH AS ONLINE VIDEOS, LIVE TRAINING AND REFERRAL MAPS RELEVANT TO MEDICAL PROFESSIONALS AND SUPPORT STAFF. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE MEDICAL AND RELATED SERVICES TO NORMAL USERS OR MEDICAL PRACTITIONERS AND THAT WE ARE A TECHNOLOGY SERVICE PROVIDER THAT, BY WAY OF OUR SERVICES, INTRODUCES ACCESS TO DEPARTMENT OF HEALTH PROTOCOLS, GUIDELINES, AND ANY APPROVED STANDARD OPERATING PROCEDURES, PROTOCOLS OR GUIDELINES RELEVANT TO THE SOUTH AFRICAN HEALTH CARE SYSTEMS AND LAWS.
  • YOUR USER ACCOUNT
  • In order to use our Services, You must register and maintain an active personal User Account.
  • You must be 18 years or older to obtain a User Account.
  • User Account registration requires You to submit to us certain information. You agree:
  • to maintain accurate, complete, and up-to-date information in Your User Account;
  • that Your failure to maintain accurate, complete, and up-to-date User Account information, may result in Your inability to access and use the Services or result in our termination of this Agreement with You; and
  • that we may use the information You provide us with to execute our Services and to enable us to assist You (as Normal User and Medical Practitioner User) in the execution of the agreement between You (eg. Normal User) and other Users (eg. Medical Practitioner Users) (subject to our Privacy Policy and the applicable provisions of the POPI Act).
  • Submission of Your information as per the registration form does not automatically give You the right to access the Services. We have the right not to grant You access to a User Account or to revoke such right and disable any user identification code, whether chosen by You or allocated by Us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Terms of Service.
  • On acceptance of Your registration information, You will be allowed to select, or be provided with, the necessary access credentials or any other piece of information as part of our security procedures. You agree to treat such information as confidential and shall not disclose such information to any third party. TAKE NOTICE: full utilisation of the Services may be subject to further verification (See below)
  • Verification information: In certain instances, You may be asked to provide additional information to access or use the Services. The additional information may be utilised to verify Your identity, profession code, registration details, occupation, position held and facility and reason for using our services . You agree that You may be denied access to or use of the Services or part thereof if You refuse to provide the requested information.
  • You are responsible for all activity that occurs under Your User Account, and You agree to maintain the security and secrecy of Your User Account details at all times. You may only possess one User Account and may not assign or transfer same without our express consent.
  • You may not authorize third parties to use Your User Account. Where a User Account has been activated for a juristic person, or facility/ hospital / clinic (if applicable), it will be the latter, and all its directors or members responsibility, to secure the User Account password/identity code and will accordingly be liable for any actions or omissions of any third party that You have access to the User Account.
  • If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify us immediately at:info@zavazide.com. 
  • You will (at all times) comply with the Acceptable Use Policy in relation to any User Content that may be uploaded to the website/ web app via Your User Account.
  • OUR SERVICES
  • We undertake that the Services will be performed with reasonable skill and care.
  • The undertaking above shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than us or our duly authorised contractors or agents or internet/communication problems beyond our control. If the Services do not conform to the foregoing undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide You with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes Your sole and exclusive remedy for any breach of the undertaking set out above.
  • Standard Support Services: We will, as part of the Services, provide You with our Standard Support Services during Normal Business Hours in effect at the time that the Services are provided. We may amend the Standard Support Services in our sole and absolute discretion from time to time. You may acquire enhanced support services separately at our then current rates.  
  • Maintenance: We will use commercially reasonable endeavours to ensure that the Services are available 24 hours a day, 7 days a week, except for:
  • planned maintenance carried out during the maintenance window of 22:00 and 06:00; and
  • unscheduled maintenance performed outside Normal Business Hours, provided that we have used reasonable endeavours to give prior notice to You.
  • Take note: All technical support for our Services shall be referred to us and managed in terms of the Standard Support Services.
  • Modification/Changes to the Services: From time to time we may modify the Services by issuing updates and make new features, functionality, applications or tools available in respect of the Services, which use may be subject to Your acceptance of further terms and conditions and shall give You prompt written notice of material modifications to the Services and any such new features, functionality, applications or tools.
  • PROCESSING OF PERSONAL INFORMATION
  • Our Privacy Policy will apply when dealing with Personal Information via our Services.
  • SERVICE FEES AND PAYMENT
  • Access to the the use of our some of our services is free of charge, specifically access to protocols, guidelines, links, contact details and hospital or clinic information. A surcharge fee for continued use of the web app may be charged. 
  • Please note that the above free service does not include training services for which will be charged separately and a standardised form shall be used for any future training workshops, with all the information for any fees and attendance.
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  • DELIVERY OF TRAINING SERVICES
  • The delivery of the Training Services shall be governed by an agreement concluded between any user and the providers of the service as mentioned in the above paragraph 
  • If the delivery of the Training Services is delayed by an event outside our control in terms of our Services, we will endeavour, however not be obliged, to contact You as soon as possible to let You know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by such an event, but if there is a risk of substantial delay You may contact us to address it directly with the Training Provider. 
  • DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
  • THE PROVISIONS IN TERMS OF LIMITATION OF LIABILITY ARE STIPULATED IN OUR TERMS OF USE.
  • IN ADDITION, OUR SERVICES MAY BE USED BY YOU. (AS A NORMAL USER TO SELECT AND ACQUIRE MEDICAL PRACTITIONER SERVICES FROM A MEDICAL PRACTITIONER USER. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE AVAILABILITY OF TRAINING SERVICES , NON-AVAILABILITY OF ANY PROTOCOLS, GUIDELINES OR CONTACT DETAILS OF ANY MEDICAL FACILITY. 
  • You agree to indemnify and hold us and our directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney own client fees), arising out of or in connection with:
  • Your use of the web app / website 
  • Your breach or violation of any of these Terms of Service; or
  • Your violation of the rights of any third party, including other Users 
  • WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF THE SERVICES IF AND TO THE EXTENT THAT SUCH DEFAULT OR DELAY IS CAUSED BY ANY ACT OF GOD, WAR OR CIVIL DISTURBANCE, LABOUR UNREST, COURT ORDER, OR ANY OTHER CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL INCLUDING FLUCTUATIONS IN COMMUNICATIONS OR UTILITY SERVICES ("FORCE MAJEURE") AND PROVIDED WE ARE WITHOUT FAULT IN CAUSING SUCH DEFAULT OR DELAY, AND SUCH DEFAULT OR DELAY COULD NOT HAVE BEEN PREVENTED BY THE US THROUGH THE USE OF ALTERNATIVE SOURCES, WORKAROUND PLANS OR OTHER MEANS.
  • WARRANTIES
  • You hereby represent and warrant that:
  • You have full power and authority to enter into this Agreement and perform Your obligations hereunder; and
  • You will comply with all applicable laws and legislation in Your performance of this Agreement.
  • IN ADDITION TO OUR WARRANTIES UNDER OUR TERMS OF USE, WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO, OR USE OF, OUR SERVICES WILL RESULT IN DESIRED OUTCOMES AND YOU AGREE THAT YOU ACCEPT THAT ALL PROTOCOLS, GUIDELINES AND INFORMATION SERVE AS A GUIDELINE ONLY. 
  • WE DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g. DUE TO EMERGENCY- OR SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
  • ELECTRONIC COMMUNICATIONS
  • By creating a User Account, You agree that we may send You information via Your preferred selected communication option as part of the normal business operation of Your use of the Services. You may opt-out of receiving such electronic communications by either:
  • unsubscribing from the electronic communication as per the available functionality; or
  • email us at info@zavazide.com.
  • Take note, that unsubscribing from electronic communications from us to You may result in certain functions of the Services not working.
  • SUSPENSION AND TERMINATION OF OUR SERVICES
  • Termination by You:
  • You may terminate the Services at any time by cancelling your account as per the option available on your User Account page;
  • If a User cancels his/her Account, all outstanding amounts payable to the Training Provider shall be settled in terms of the agreement concluded between the User and the Training Provider. We shall not be liable for any failure by the User to settle his/her account and the Training Provider shall reserve the right to take further legal action of outstanding accounts;
  • If You wish to remove all your personal information from our Services you may do so by emailing Us at info@zavazide.com. On receipt of your notice we will terminate this Agreement and remove your personal information within a reasonable time.
  • Suspension, deactivation and/or termination by Us:
  • Without limiting our rights specified below, We may terminate these Terms of Services for convenience at any time by giving you 30 (thirty) days’ notice by email;
  • We may immediately, without notice, terminate these Terms of Services if:
  • You have materially breached your obligations under these Terms of Services or any other terms and conditions or policies incorporated by reference; or
  • You have violated applicable laws, regulations or third party rights; or
  • We, in the spirit of good faith, believe that such action is reasonably necessary to protect Our personal safety or property, those of our Users, directors, employees or third parties;
  • In addition, We may take any of the following measures, including:
  • to comply with all applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or
  • if you have breached these Terms of Services, other terms and conditions or policies incorporated by reference of these Terms, applicable laws, regulations or third party rights; or
  • you have provided inaccurate, fraudulent, outdated or incomplete information during the User Account registration; or
  • In the spirit of good faith, believe that such action is reasonably necessary to protect Our personal safety or property, those of our Users, directors, employees or third parties, or to prevent fraud or other illegal activities, including:
  • temporarily or permanently revoke any special status associated with Your User Account; or
  • temporarily or in the case of severe or repeated offenses, permanently suspend Your User Account.
  • In case of non-material breaches and where appropriate, You will be given notice of any intended measure by us and an opportunity to resolve the issue to Our reasonable satisfaction.
  • Consequences of termination:
  • Termination of the Terms of Services will not result in the termination of the Terms of Use for purposes of our ‘web app’, however if the above breach has something to do with our ‘web app’, then termination will involve taking such action as we deem appropriate, including but not limited to, withdrawal of Your right to use our ‘web app’
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  • DISPUTE RESOLUTION
  • Any dispute arising from the provision of our Services shall be subject to the following dispute resolution procedures:
  • Informal dispute resolution: If there is any dispute we (You and us) will first attempt to resolve the dispute informally. You are required to first make contact with our service manager at info@zavazide.com. You will then be given an opportunity to first discuss the problem/dispute with the service manager. The dispute must be submitted within 10 (ten) days from you becoming aware of the issue/problem. If the dispute cannot be resolved within 10 (ten) days of the dispute having been referred to the service manager, the dispute will be handled as set out below.
  • Institution of Formal Proceedings: Subject to the provisions of the paragraphs above and below, the parties agree that either party may elect to refer any dispute which may arise to either the High Court of South Africa or to arbitration proceedings as contemplated in the paragraph below. Upon election by a party initiating the relevant dispute proceedings, the other party will be bound by such election for the purposes of the dispute in question.
  • Arbitration: If the parties are unable to resolve any dispute informally and either party has elected to commence arbitration proceedings to resolve the dispute in terms of the paragraph above, then such dispute shall on written demand by the electing party be submitted to arbitration at the Arbitration Foundation of Southern Africa in Johannesburg. Either party may elect to participate in the arbitration in person, by phone, video conference or by submission of documents.
  • Status of arbitration ruling: The decision of the arbitrator shall be binding on the parties to the arbitration after the expiry of the period of 20 (twenty) days from the date of the arbitrator's ruling if no appeal has been lodged by any party or upon the issue of determination by the appeal panel, as the case may be. A decision, which becomes final and binding in terms of this paragraph, may be made an order of court at the instance of any party to the arbitration. The parties agree to keep the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
  • Rapid resolution of disputes: The parties shall use commercially reasonable efforts to resolve disputes arising as rapidly as possible.
  • Confidentiality: All disputes will be dealt with in confidentiality to protect the reputation of the parties.
  • Excluded relief: This paragraph shall not preclude either party from seeking urgent or interim relief from the High Court of South Africa or any other competent organs of state created for the specific purpose of regulating the business or industry activities in which the parties are engaged including forums available to You.
  • Agreed Jurisdiction: The parties hereby consent to the jurisdiction of the High Court of South Africa, Gauteng Division (Pretoria) in respect of proceedings referred to in paragraph above.
  • GENERAL
  • The Entire Agreement: These Terms of Service expressly supersede prior agreements, arrangements or representations with You, except for those terms and conditions that are incorporated by reference to these Terms of Service.
  • Assignment: You may not assign these Terms of Service without our prior written approval. We may assign these Terms of Service without Your consent to:
  • a subsidiary or affiliate;
  • an acquirer of our equity, business or assets; or
  • a successor by merger.
  • Any purported assignment in violation of this section shall be void.
  • Third Party beneficiary. Except as specifically stated in these Terms of Service (i.e. in the case of a Service Provider), no other Party has any rights under this Agreement. This Agreement is between You and Us. No other person shall have any rights to enforce any of its terms.
  • If a court finds part of these Terms of Service/Agreement unenforceable, the remainder thereof will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing these Terms of Service/Agreement, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these terms, or if we delay in taking steps against You in respect of Your non-adherence or breach of these terms, such action will not exempt You from any obligations herein and it will not prevent us from taking steps against You at a later stage.
  • DEFINITIONS
  • CPA means the Consumer Protection Act, Act 68 of 2008;
  • Data means all data related to the access and use of our Services hereunder, including User data;
  • Data Message shall have the same meaning attributed to it under the ECT Act;
  • ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;
  • Health Professions Act means the Health Professions Act, Act 56 of 1974, as amended, and any regulations applicable in respect of such act;
  • Training Services means the services to be provided by the Training Provider to the User, by way of our Services, which may include, without
  • limitation, training workshops and training material , and all services ancillary to the aforesaid;
  • National Health Act means the National Health Act, Act 61 of 2003, as amended, and any regulations applicable in respect of such act;
  • Normal Business Hours means 08:00 – 17:00, Monday to Friday, excluding public holidays, Saturdays and Sundays;
  • Normal User means a User whom has registered by way of a User Account as a Normal User and is desirous to make use of the web app / website Services.
  • Medical Practitioner User means, any registered medical practitioner, medical interns, medical officers, registrars, consultants and provider of health care services.
  • Parties mean You and us and Party shall mean any one of us as the context may indicate;
  • Personal Information shall have the same meaning attributed to it under the POPI Act;
  • POPI Act means the Protection of Personal Information Act, Act 4 of 2013;
  • Responsible Party shall have the same meaning attributed to it in terms of the POPI Act;
  • Services means the services provided by us which includes, without limitation, the provision of an online platform, where Users may 
  • Standard Support Services means the service levels provided by us to You in case of any troubleshooting, queries or ancillary requests, which may directed to us via our contact page.
  • User/You means users of our site including both Normal Users and Medical Practitioner Users;
  • User Account means Your User account created on our ‘web app’ to access our Services, which user account shall be password protected;
  • ‘web app’ means this ‘website application’  
  • CUSTOMER PRIVACY POLICY
  • ZavaZide shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). 
  • The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
  • RESPONSIBILITY
  • ZavaZide takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this ‘web app’, customer service and support, dispute resolution and delivery of goods.
  • COUNTRY OF DOMICILE
  • This ‘Website application’ is governed by the laws of South Africa and ZavaZide chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever .
  • VARIATION
  •  
  • ZavaZide may, in its sole discretion, change this agreement or any part thereof at any time without notice.
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  • COMPANY INFORMATION
  • This ‘web app’ is run by ZavaZide (sole trader / private company / close corporation) based in South Africa trading as ZavaZide and with registration 2021/357045/07.
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