Please accept the Terms & Conditions
Terms of Service
WEBSITE TERMS AND CONDITIONS
Welcome to Axesshealth, an electronic communication platform for HCPs ("HCP's""), operated by Axesshealth Global Ltd. Reg: 13768732 ("Axesshealth", "us", "our", and "we"). Axesshealth provides a website located at www.axesshealth.org as well as an app available for both Apple and Android users, (together referred to hereinafter as the "Site"), and services provided through the Site ("Services").
These terms and conditions of use (this "Agreement") set forth the legally binding terms for your use of the Site, and the Services. By indicating your agreement and accessing or using the Site, or any Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, our policy in relation to the Protection of Personal Information Act No 4 of 2013 ("POPIA Policy") located at http://axesshealth/africa-privacy-policy/, and our compliance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA Compliance"), do not access and/or use the Site, or the Services. You may not access or use the Site, or any Services or accept the Agreement if you are not at least 18 years old. Please consult our POPIA Policy for a description of our privacy practices and policies, including how we collect and handle personal and financial information.
NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH AXESSHEALTH. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
- Our Services
We offer an online communication platform for HCP’s and associated entities, to connect via the Site through the use of interactive video, audio and other telecommunications technology. The Site facilitates communication between HCP’s, and for the avoidance of doubt (as discussed in more detail below) we are not involved in, nor have any influence over, the content of the medical or healthcare communication between HCP’s.
Axesshealth Does Not Provide Healthcare Services or Advice
- The Axesshealth platform serves only as a technology enabler for the use by the HCP. HCP’s are solely responsible for keeping confidential all information disclosed on the platform.
- The Site is designed solely to help you share information. It is not a service for the diagnosis, management or treatment of any illness, medical condition or disease. Any information generated from the use of the Site should not be treated as a substitute for the medical advice from a HCP. The Site is not designed to be and is not an emergency alert system.
- The information on HCP’s may include profiles, reviews, comments, that are made available by Axesshealth or by the HCP’s themselves. Axesshealth has taken reasonable steps to ensure the correctness of this information and does not recommend or endorse any particular HCP. Axesshealth is not responsible for any services, advice, acts or omissions of HCP’s, whether fraudulent, negligent, grossly negligent or otherwise, as we have no control over them.
- Axesshealth Services can be used only by verified medical HCP’s and/or medical establishments with the necessary qualifications and approvals to provide healthcare services to patients in accordance with applicable law. It is the sole responsibility of the HCP’s to ensure that they are in possession of the necessary qualifications required under any applicable law. Axesshealth is not responsible for ensuring that HCP’s registration with any statutory authority, licences and insurance are up to date or valid in terms of any applicable law.
- Axesshealth is not responsible for resolving any disputes between HCP’s will not get involved in such disputes.
- POPIA Policy
- Axesshealth respects the privacy of its Service users. Please refer to Axesshealth’s POPIA Policy (found here: www.axesshealth.org/privacy ) which explains how we collect, use, and disclose personal information that pertains to you. When you access or use the Service and indicate your acceptance of this Agreement, our POPIA Policy (http://axesshealth.org/africa-privacy-policy/ )], and our ECTA Compliance, you expressly acknowledge that you have read and understood and agree to our POPIA Policy.
- Any information posted on Axesshealth by you, including personally identifiable information and special personal information, is made voluntarily and is subject to Axesshealth’s POPIA Policy.
- You hereby agree that Axesshealth may process your personal information (including special personal information) for the purpose of carrying out the Services and as necessary for pursuing any other legitimate business interests of Axesshealth. You furthermore understand that your personal information may from time to time reside in locations outside of where you are based and you hereby agree that your personal information may be transferred, stored and/or processed in such locations for the purposes set out above.
- You are responsible for the information you post and you agree to, at your sole expense, defend, indemnify and hold Axesshealth harmless from any damages, losses, costs, or expenses which Axesshealth may incur as a result of information you post.
- Please be aware that internet transmissions are never completely private or secure and that, while we will use our best endeavours within our reasonable power to prevent it, any message or information you send using the Site, or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- Accounts
- Account Creation
- In order to use certain features of the Services, you must register for an account with us ("your Account") and provide certain information about yourself as prompted by the registration process. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions provided on the Site. We may terminate your Account in accordance with the Terms and Termination section of this Agreement. You may reopen your Account or request access to Account information any time. Subject to the applicable laws, Axesshealth will maintain your Account information for 7 years from the time of your last Account use and you hereby agree to this retention period or such period required by law, whichever is longer.
- Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account login information and, except and only to the extent that such activities are attributable to our or our representatives’ acts or omissions, are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your Account or any other breach of security We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Electronic Communications.
You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically via the Site or otherwise satisfy any legal requirement that such notice or other communications be in writing.
- The Site
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We will make available a Site for you to access the Services via a personal computer or mobile device.
- You may not: a) modify, copy, adapt, disassemble, decompile, reverse engineer or make error corrections to or derivative works of the Site, in whole or in part; b) sell, rent, lease, loan, resell, sublicence, distribute, transfer, assign, display, disclose, or otherwise commercially exploit, or otherwise make the Site available to any third party; c) make any copies of the Site; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; e) delete the copyright and other proprietary rights notices on the Site; f) translate, merge, adapt, vary or alter the whole or any part of the Site nor permit it or any part thereof to be combined with, or become incorporated in, any other programs; or g) otherwise use the Site other than as expressly set out in this Agreement, without Axesshealth’s prior written consent.
- 4.3. You acknowledge that we may from time to time issue upgraded versions of the Site. You consent to such automatic upgrading and agree that this Agreement will apply to all such upgrades. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licences and not by this Agreement.
- Rights and Licences
- Licence to Use Site
We grant you a non-transferable, non-exclusive, right to access and use the Services and the Site solely for your personal purposes and non-commercial use.
- Site Access, Security and Restrictions; Passwords
- Any breach by you of this sub-section of the Agreement constitutes a material breach hereof, entitling us to terminate the Agreement immediately on notice to you. You are prohibited from violating or attempting to violate the security of the Site, or Services, including, without limitation: (a) accessing data not intended for you or any other user or logging onto a server or an account which that you or any other user is not authorised to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or (c) accessing or using the Site, or Services or any portion thereof without authorisation, in violation of this Agreement or in violation of applicable law.
- You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, or Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site, or Services.
- Violations of system or network security may result in civil or criminal liability. Axesshealth will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, or Services or any activity being conducted on this Site.
- In the event access to the Site, or Services or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by Axesshealth. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that, except as otherwise required by applicable law, you are fully responsible for all activity occurring under your user ID. You agree to defend, indemnify and hold Axesshealth harmless from and against all third party claims, damages and expenses (including legal fees on an attorney and own client basis) against or incurred by Axesshealth arising out of your breach of this sub-section of the Agreement or violation of applicable law, your unlawful use of or access to the Site, or Services, or any third party accessing the Site or Services using your user ID and password.
- Certain Restrictions
- The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not licence, sublicence, sell, rent, lease, transfer, assign, distribute, display, disclose, host, or otherwise commercially exploit the Services; (b) you will not modify, copy, adapt, make derivative works of, disassemble, decompile, reverse compile, reverse engineer, or make error corrections to any part of the Services; (c) you will not access or use the Services in order to build a similar or competitive service; (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means to any person other than Axesshealth, and (e) you will not translate, merge, adapt, vary or alter the whole or any part of the Site or the Services nor permit them or any part of them to be combined with, or become incorporated in, any other programs or services. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement.
- Modification
- We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in this Agreement.
- No Support or Maintenance. You acknowledge and agree that, except as set out in this Agreement, we will have no obligation to provide you with any support or maintenance in connection with the Site or the services.
- Ownership of the Services
- Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, domain names, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world ("Intellectual Property Rights"), in and to the Services and the Site, are owned and shall be owned by us or our licensors.
- The provision of the Services, your access to the Site, and the terms of this Agreement, do not transfer to you or any third party any rights, title or interest in or to the Intellectual Property Rights.
- You have no Intellectual Property Rights in, or to, the Site, or the Services other than the right to access and use them in accordance with the terms of this Agreement. We reserve all rights not granted in this Agreement.
- User Content
- User Content
- "User Content" means any and all information and content that a user submits to or posts on: (a) the Services, (b) the Site, through use of an/ your Account, or (c) social networking sites where we have a page or presence. While you will own your User Content, you agree that any User Content provided by you in connection with the Services, Site, or social networking sites is provided on a non-proprietary and non-confidential basis, except for your personal information. Axesshealth agrees to use any personally identifiable information contained in any of your User Content in accordance with its POPIA Policy. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service, Site, or social networking sites at our discretion.
- The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- To the extent the activity is not attributable to us or any of our our representatives’, acts or omissions, you are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including any Intellectual Property Rights, privacy rights, publicity, trade secrets, etc. or otherwise infringe the rights of any third party, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- You will abide by our Acceptable Use Policy below; and
- If your User Content submissions are inappropriate or do not comply with this Agreement, we may remove any and/or all of your submissions, and terminate your Account on 3 working days’ prior notice.
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content unless it is attributable to our or our representatives’ wilful misconduct or gross negligence. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service within the scope of our POPIA Policy and ECTA Compliance practices. These provisions do not require Axesshealth to monitor, police or remove any User Content or other information submitted by you or any other user.
- Acceptable Use Policy.
Your permission to use the Site, and the Services is conditional upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- use the Site, or Services in any way that: (i) breaches any applicable local, national or international law or regulation or (ii) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- post any information that is abusive, threatening, obscene, defamatory, libellous, hateful, inflammatory, or racially, sexually, religiously, or otherwise objectionable, discriminatory or offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or deceive, harass, abuse or harm another person or group;
- use another user’s Account without permission, impersonate any person, or misrepresent your identity or affiliation with any person;
- promote sexually explicit material; violence; discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or any other illegal, unlawful, criminal, harmful or otherwise inappropriate activity (as reasonably determined by Axesshealth);
- provide false or inaccurate information when registering an account;
- knowingly interfere or attempt to interfere with the proper functioning of the Service, the Site, or knowingly disrupt, interfere with or significantly prejudice, or attempt to do so, any other user’s ability to access or use the Site, or the Services;
- transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- make any automated use of the system, or take any action that imposes or to potentially imposes an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
If you breach any of the above restrictions, we may: (a) terminate access to your Account, your ability to post to the Site, or use the Services; and (b) refuse, delete or remove any User Content; on notice to you. Axesshealth may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Axesshealth’s discretion, Axesshealth will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, or on the Internet.
- Licence
- You hereby grant to Axesshealth a non-exclusive, perpetual, irrevocable, assignable, royalty-free, fully paid-up, worldwide licence to your User Content, but not including any identifiable personal healthcare or medical information, (including the right to sublicence through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof, for any lawful purposes, including research and development, improving our products, marketing, advertising and other commercial purposes, in any form, medium or distribution method now known or hereafter existing, known or developed.
- We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and Feedback (defined below) to which you may be entitled under the law or any relevant jurisdiction.
- In this regard, you unconditionally and irrevocably: (i) agree not to enforce any such moral rights in relation to the User Content and Feedback; (ii) agree not to claim authorship or ownership of the User Content and Feedback or any Intellectual Property therein and thereto where it is used in accordance with the provisions of this Agreement; and (iii) consent to and agree not to object to any acts and omissions of Axesshealth or its employees, directors, officers, representatives, affiliates, sub-licencees or other nominees in relation to the User Content and Feedback, including any distortion, mutilation or other modification thereof.
- Feedback
- If you provide us any feedback or suggestions regarding the Services, or the Site ("Feedback"), you assign to us all rights (including Intellectual Property Rights) in and to the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate.
- We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
- Indemnity
- Except to the extent that any losses are directly or indirectly attributable to our gross negligence or wilful misconduct, or the gross negligence or wilful misconduct of anyone acting for or under our control, you agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) your use of the Services or Site, that is not in accordance with the terms of this Agreement, (b) your User Content and Feedback, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations.
- We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.
- You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Links to Other Sites and/or Materials
- Third Party Sites, Ads and Ad Networks
- The Site, and any Service may contain links to third party website(s) ("Third Party Sites") and to content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to you. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.
- If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies will no longer be applicable in such circumstances.
- You will need to make your own independent judgement about whether to use any such Third Party Sites, including whether to buy any products or services offered by them, or to use or install any Third Party Applications, Software or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
- Disclaimers
TO THE EXTENT PERMITTED BY LAW (INCLUDING THE CONSUMER PROTECTION ACT, 2008) THE SERVICES THAT THE SITE PROVIDES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR COMPLETE.
- Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, AND EXCEPT TO THE EXTENT THAT ANY LOSSES ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANYONE ACTING FOR OR UNDER OUR CONTROL: (i) IN NO EVENT WILL AXESSHEALTH, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. TO THE EXTENT AXESSHEALTH MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY LIABILITIES OR LIMIT WARRANTIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. DAMAGES WILL BE NO MORE THAN THE FEES PAID BY YOU TO AXESSHEALTH, IF ANY, DURING THE LAST 3 MONTHS OF YOUR USE OF THE SITE AND SERVICES.
- Terms and Termination
- This Agreement commences on the date that you first access to the Site, and/or the Services, and continues thereafter indefinitely, subject to being terminated in accordance with the terms and conditions set out herein or otherwise in accordance with applicable law. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site, and the Services will terminate immediately. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
- Upon termination of this Agreement, you must stop all activities authorised hereby, including your use of the Site, and any Services; and delete or remove the Site address from all devices in your possession and confirm to us that you have done this.
- Geographical Restrictions
Axesshealth makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the Republic of South Africa or all locations within the Republic of South Africa.
- Copyright Policy
- We respect the intellectual property rights of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of the use by any users of our Site, or Services who are repeat infringers of Intellectual Property Rights, including copyrights. If you believe that one of our users is, through the use of the Site, and/or Services, unlawfully infringing the copyright(s) in a work governed by the laws of the Republic of South Africa or any other applicable law, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our support facility:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorised by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorised to act on behalf of the copyright owner.
- Please note that, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
- Legal Disputes
- PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND AXESSHEALTH HAVE AGAINST EACH OTHER ARE RESOLVED.
- You and Axesshealth agree that any claim or dispute at law that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Axesshealth Terms of Use Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
- Applicable Law and Defined
- "Applicable Law(s)" means the Common Law, Legislation and all judicial decisions and other notifications or similar directives made pursuant thereto that have the force of law, whether issued by an executive, a legislative, provincial, local, judicial or administrative entity or Person in South Africa;
- "Legislation" means, including but not limited to, all applicable national, provincial and/or local statutes, statutory instruments, by-laws, ordinances, regulations, orders, rules, notices, directives and/or codes of practice, promulgated, passed and/or executed by virtue of the powers bestowed on such Person, having the force of Law in South Africa, including but not limited to the Constitution;
- "App Store" means the website for downloading free and/or paid software applications for mobile or cellular devices/phones or desktop computers;
- "Arbitration Act" means the Arbitration Act, 1965 (Act No. 42 of 1965);
- "Commencement Date" means the date that you first access to the Site and/or the Services;
- "Common Law" means the common law created by custom and judicial precedent by the courts of South Africa;
- "Constitution" means the Constitution of South Africa as legislated for by the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996), as amended, updated or replaced from time to time;
- "Court" means any and/or applicable South African court as contemplated in Chapter 8 of the Constitution;
- "Discretion" means, in relation to a Party, the sole, absolute and unfettered discretion of that Party, provided such discretion is exercised in a reasonable and not in a capricious manner;
- "Domicilium" is a Latin term meaning domicile or physical address where a Party generally resides or operates its business, as the case may be;
- Choice of Law.
This Agreement is made under and will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles that provide for the application of the law of another jurisdiction. Subject to the provisions of this Agreement, the Parties consent and submit to the jurisdiction of the Magistrates Court of South Africa in any dispute arising from or in connection with this Agreement, notwithstanding the amount claimed.
- Agreement to Arbitrate
- You and Axesshealth each agree that any and all disputes or claims that have arisen or may arise between you and Axesshealth relating in any way to or arising out of the conclusion, implementation, termination, assignment or otherwise in relation to this or previous versions of the Agreement, your use of or access to the Site, or the Services, or any services sold, offered, or purchased through them (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than in court. to the extent that this provision may not be enforceable, relation to any such
- Should any Dispute arise, it may be referred to arbitration by any one of the Parties and, failing agreement by the Parties on an arbitrator, one will be appointed by the President for the time being of the Cape Law Society whose decision will be final and binding on the Parties. Such arbitration will be conducted as informally and as inexpensively as possible at any appropriate venue in South Africa convenient to both parties that is selected by the arbitrator and otherwise in accordance with the provisions of the Arbitration Act and the Rules of the Arbitration Foundation of Southern Africa.
- Enforcement
- For the purposes of enforcing any claim and/or order made by any arbitration award the Parties, to the extent necessary and applicable to give effect to the aforementioned, hereby irrevocably submit to the non-exclusive jurisdiction of the High Court of South Africa to apply for such order to be enforced.
- Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.
- You and we must abide by the following rules:
- ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
- THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF,
- the arbitrator will honour claims of privilege and privacy recognised at law;
- the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
- the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
- each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
- With the exception Clauses 13.6.3.1 and 13.6.3.2 (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either Clause 13.6.3.1 or 13.6.3.2 is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration.
- Continuation
This Section (Legal Disputes) shall survive the termination of this Agreement with Axesshealth or its affiliates.
- General
- Changes to Agreement.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 10 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next open the Site. If you do not accept the notified changes you may continue to use the Site and the Service in accordance with the existing terms but certain new features may not be available to you OR will not be permitted to continue to use the Site and the Service, and this Agreement and your Account will automatically terminate.
- Transferring to Third Parties
The right to use the Site, and the Service as set out above is granted to you personally. You may not transfer them to any third party, whether for money, for anything else or for free. Furthermore, you may only transfer your rights or your obligations under these terms to another person if we agree in advance in writing.
- Third Party Devices
If you stream the Site onto or otherwise access or use the Site or the Services on any mobile device not owned by you, you must have the owner’s permission to do so and we will not be responsible for your failure to do obtain such permission. However, for the avoidance of doubt, you will be responsible for complying with these terms, whether or not you own the phone or other device.
- Severance
If any provision of this Agreement that is not material to its efficacy as a whole is rendered void, illegal or unenforceable in any respect under any law of any jurisdiction, the validity, legality and enforceability of the remaining provisions are not in any way affected or impaired thereby and the legality, validity and unenforceability of such provision under the law of any other jurisdiction are not in any way affected or impaired.
- Third Party Rights
Except as otherwise expressly set out under this Agreement, no one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
- Waiver
A failure to exercise or a delay by either party in exercising any right or remedy provided under this Agreement or by law does not constitute a waiver of that or any other right or remedy, nor does it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law prevents or restricts the further exercise of that or any other right or remedy.
- ECTA Compliance
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Access to the content, services and/or products available on or through this website are classified as "electronic transactions" contemplated in terms of the Electronic Communications and Transactions Act 25 of 2002 (the Act). Accordingly, in compliance with section 43 of the Act Axesshealth makes available the following information:
Full name: Axesshealth Global Limited
Legal status: A private limited liability company incorporated in England and Wales
Website addresses: www.axesshealth.org
Email: warren@axesshealth.org
Names of office bearers: Warren Hickinbotham
Registration Number: 13768732
Address: 11 St Georges Court, Garden Row London SE1 6HD
Description of Business: Axesshealth is an electronic platform, comprising of a website and app, connecting HCP’s to each other.
Description of the main characteristics of the goods or services offered by Axesshealth: Refer to website for details.
Full price of the goods or services: Refer to website for details.
Manner of payment: Refer to website for details.
Cost of access to site: None
Any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers: Refer to website for details.
Time within which the goods will be dispatched or delivered or which the services will be rendered: Refer to website for details.
The manner and period within which consumers can access and maintain a full record of the transaction: Refer to website for details.
The return, exchange and refund policy: Refer to website for details.
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