Virgin Life Care (Pty) Ltd terms of use of the website
Accessing this website or any pages on this website implies that you agree to be bound by these terms of use and acknowledge that all of the clauses that pertain to your risk or liability, as indicated in bold, have been drawn to your attention and that you have had adequate opportunity to read and comprehend these terms and conditions and that you understand and agree to be bound by them. If you do not agree to these terms or do not understand any of the terms and conditions then you should discontinue your use of this website.
For ease of use, Virgin Life Care has included automated links ("hyperlinks") in these website terms to text located elsewhere on the website. You are obliged to view the relevant parts of the hyperlinked text, which text shall be deemed to form part of these website terms.
1. CONDITION OF ACCESS
1.1 This website and its contents are provided on an "as-is" basis and has not been compiled or supplied to meet your individual requirements. You acknowledge that you use this website at your sole risk. Virgin Life Care hereby disclaims any liability for, and you indemnify Virgin Life Care against, any loss or liability to you or any other person resulting directly or indirectly from the publication or use of any information, content, advice, products or services which may be promoted, displayed on, or associated with, our website or any other website which can be accessed from this website, however such loss or liability may occur (excluding gross negligence) and whether such loss or liability is financial, personal, consequential, incidental or otherwise.
1.2 The information and content contained on, or accessible from, this website, is intended and produced for general information purposes only and should not be relied upon as specific advice of any kind, whether professional, medical, technical or otherwise as it may be detrimental to your health. Please do not regard any information you obtain through this site as a substitute for medical advice. Neither the content, nor any services or goods offered by Virgin Life Care through this site is intended to be relied upon by you as a medical diagnosis or treatment. Furthermore, the information may contain errors or inaccuracies, may be incomplete and/or out of date, and you should make your own independent investigations as to the accuracy of such information. Virgin Life Care shall not be liable to any person or company for use or reliance on any inaccurate information or opinions contained herein.
1.3 Virgin Life Care does not warrant or represent that the contents and functions contained in this website will be free from errors or omissions or that the functions will be uninterrupted or error free, that defects will be corrected, or that this site and/or its server will be free of viruses or other harmful components. You are encouraged to report any malfunctions and errors to Virgin Life Care.
1.4 Notwithstanding anything contained to the contrary in these terms and conditions, Virgin Life Care may, from time to time and without notice to you, be entitled to suspend your access to this website in the event of the technical failure, modification or maintenance of the software, hardware, equipment or infrastructure by means of which this website is made available to you or for any reason whatsoever. In this regard you acknowledge that interruptions or suspensions may occur which prevent or otherwise interfere with your access to this website, for which Virgin Life Care will not be liable for any damages of any kind.
1.5 This site may provide links to other websites, as a convenience to you. Virgin Life Care is not responsible for the content of any linked site and the inclusion of any link on this site does not imply endorsement by Virgin Life Care of any other websites or their products or services.
1.6 Virgin Life Care has no obligation to monitor anything posted on this site. However, Virgin Life Care reserves the right to review content posted by you and remove or edit such content if we so decide. Virgin Life Care shall have no liability to you for doing so.
1.7 If any specific term of use appears on the website in regard to all or a portion of the information displayed on or accessible from the website, which specific term of use conflicts with any of these terms, then the specific term shall prevail in regard to such information.
1.8 You hereby acknowledge that it is impossible to maintain complete security in respect of any content displayed on, or accessible from, or transactions concluded on this website and you hereby waive any claims which you may have against Virgin Life Care arising out of any breach of security. You agree and warrant that your log-in name and password shall:
1.8.1 be used for personal use only; and
1.8.2 not be disclosed to any third party.
1.9 You allow Virgin Life Care to take all reasonable steps to ensure the integrity and security of the Virgin Life Care site and back-office applications.
1.10 Furthermore, in order to ensure the security and reliable operation of this website, Virgin Life Care hereby reserves the right to take whatever action it may deem appropriate in order to preserve the security and reliability of this website or any content displayed on, or accessible from, or transactions concluded on this website.
1.11 You hereby undertake to conform to generally acceptable Internet etiquette and to abide by Virgin Life Care's operating policies in this regard, which, subject to clause 6.1, may be amended from time to time with notice by Virgin Life Care and you hereby indemnify Virgin Life Care and hold Virgin Life Care free from liability, in respect of any claim made against Virgin Life Care or loss or damage of whatever nature caused as a result of any breach of such undertaking, which policies and guidelines are set out below:
1.11.1 not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights;
1.11.2 not to post or transmit any message, data, image or programme which violates the intellectual property rights of others;
1.11.3 not to interfere with use of the Internet by any other users of this website;
1.11.4 not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by you;
1.11.5 not to violate the privacy of any person or to violate the security of any system or network, which shall include but shall not be limited to:
1.11.5.1 hacking;
1.11.5.2 unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network, or to breach security or authentication measures without express authorisation of the owner of such system or network;
1.11.5.3 unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of such system or network;
1.11.6 not to perform any act or omission which is generally unacceptable or offensive to Internet users in general, to the public at large or as may be determined by Virgin Life Care from time to time in its sole and absolute discretion;
1.11.7 not to contravene any Virgin Life Care policy as may be updated and amended by Virgin Life Care and published or accessible from the Virgin Life Care website from time to time.
1.11.8 not to do anything which tends, has the effect of, or is likely to have the effect of, damaging the name or reputation of Virgin Life Care, its holding company, or any of its subsidiaries or affiliates;
1.11.9 not to commit any act or omission which may have an adverse technical effect on the integrity or functionality of this website;
1.11.10 not to give or make available in any way any log-in codes, passwords or the like which may be furnished to you by Virgin Life Care and/or its business partners from time to time in regard to your access to this website ("log-in ID") to any other person for any person's use, and you hereby undertake to take whatever steps may be necessary to ensure the safe-keeping and confidentiality of such log-in ID and that you shall specifically not disclose same to any third party without Virgin Life Care' prior written consent;
1.11.11 not to use your log-in ID for any simultaneous log-in, nor to permit any other person access to, or use of, such log-in ID;
1.11.12 not to contravene or violate in any way the policy rules and guidelines which, subject to clause 6.1 may be posted from time to time to or be accessible from this website;
1.11.13 not to use this website for any unlawful purpose, or in any manner which infringes the rights of, or restricts or inhibits the use and enjoyment of this website by any person, including without limiting, conduct which is unlawful, which may harass, defame or cause distress or inconvenience to any person, and the display, posting or transmission of obscene or offensive content or information, or the disruption of any normal flow of dialogue on this website;
1.11.14 not to frame this site or any of the pages on this site in any way whatsoever.
2. COMMENTS, IDEAS AND SUGGESTIONS POSTED ON THE SITE
2.1 We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by, or in connection with, your use of our site ("comments"), but Virgin Life Care shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your comments. Once disclosed, submitted or offered, your comments shall become the property of Virgin Life Care. Virgin Life Care will thus exclusively own all such rights, title and interest in the comments and shall not be limited in any way in the use, commercial or otherwise, of any of the comments. You warrant that the comments disclosed, submitted or offered by you to the site do not and will not violate any right of any third party, including copyright, trade mark, privacy or any other personal or proprietary right, and that you will not disclose, submit or offer any comments that will or may contain any defamatory, unlawful, abusive or obscene material. Virgin Life Care disclaims any liability towards any third party regarding your comments and you hereby indemnify Virgin Life Care against, and shall be liable for, any claim by any third party in regard to or arising from your comments.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Please be aware that the content of this site is the property of Virgin Life Care and is protected by South African and international copyright laws. You may use the content of this site only for your own personal non-commercial use. You are not permitted under any circumstances to use the trademarks, logos, designs, trade names, know-how and patents belonging to, or licensed to, Virgin Life Care. Nothing contained in this website should be construed as granting any licence or right of use to any of the intellectual property rights or any rights thereto. If you do use the content of this site for unauthorised purposes, or if you use any other intellectual property belonging to, or licensed to, Virgin Life Care, you will be liable to Virgin Life Care for any damages it may suffer (which you acknowledge it may suffer) and you may also be liable to criminal prosecution. You indemnify Virgin Life Care for every single consequence flowing from your unauthorised use of the content of this site.
4. INDEMNITY
4.1 Where you have given an indemnity or have agreed that you have no claim against Virgin Life Care in these terms of use, any reference to Virgin Life Care shall include Virgin Life Care, Virgin Life Care's directors, employees, sub-contractors, agents, representatives, consultants, licencees and/or licensors.
5. DISCLAIMER
5.1 Neither Virgin Life Care, nor any of its agents or representatives shall be liable for any damage, harm, loss, injury, death, liability or damages of whatsoever nature, howsoever arising from the use or inability to use this site or from the services or content available through and from this site. "Damages" shall include direct, indirect, general, special, incidental, punitive and consequential damages.
5.2 Nothing in these terms of use does or purports to limit or exempt Virgin Life from liability for any loss directly or indirectly attributable to the gross negligence of Virgin Life or any person acting for or controlled by Virgin Life where the law does not allow this and this clause also does not require you to assume the risk or liability for this kind of loss where the law does not allow this.
6. GENERAL
6.1 Notwithstanding clause 6.3, Virgin Life Care reserves the right to change these terms or associated policies with 40 business days notice before the changes take effect. If you do not wish to accept these changes, you may cancel your membership of Virgin Life Care and cease using this website. Your continued use of the website after you have been notified and on expiry of the 40 business day notice period, constitutes your acceptance of the new terms and conditions.
6.2 In any provision of these terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining terms.
6.3 This agreement sets out the whole of the agreement between you and Virgin Life Care in regard to the subject matter thereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto, upon which you are relying in concluding this agreement and Virgin Life Care shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
6.4 The parties hereby irrevocably consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by either party arising out of these terms and conditions, provided that either party shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the parties hereby consent and submit to the jurisdiction of the High Court.
6.5 These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa.
6.6 If these terms of use and/or any goods and/or services provided under these terms of use are regulated by the Consumer Protection Act No 68 of 2008, as amended, replaced or re-enacted from time to time ("Consumer Protection Act"), it is not intended that any provision of these terms of use contravenes any provision of the Consumer Protection Act and therefore all provisions of these terms of use must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
6.7 Virgin Life Care chooses as its domicilium citandi et executandi for all purposes under these terms and conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 3rd Floor, MontClare Place, Cnr Main & Campground Road, Claremont, 7700.
A copy of the Electronic Communications and Transactions Act may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/00068_electroniccommunications.pdf
