Lister Clinic / Dr. Maphisa & Partners Inc. / Usage Terms and Conditions
Usage Terms and Conditions
“You” and “your” refer to any person accessing this website. “Lister Clinic” refers to Lister Clinic (Pty) Ltd, and any of its subsidiaries.
2. Introduction and acceptance
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions, or any part thereof, you must not use this website.
3. License to use website
Unless otherwise stated, Lister Clinic and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
3.1 Republish material from this website (including republication on another website;
3.2 Sell, rent or sub-license material from the website;
3.3 Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
3.4 Edit or otherwise modify any material on the website; or
3.5 Redistribute material from this website except for content specifically and expressly made available for redistribution by Lister Clinic.
4. Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Lister Clinic express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Lister Clinic’s express prior written consent.
5. Restricted access
Lister Clinic reserves the right to restrict access to certain areas of or the entire website at Lister Clinic’s sole discretion.
If Lister Clinic provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Lister Clinic may disable your user ID and password in Lister Clinic’s sole discretion without notice or explanation.
6. User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Lister Clinic a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
You also grant to Lister Clinic the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Lister Clinic or a third party (in each case under any applicable law.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Lister Clinic reserves the right to edit or remove any material submitted to this website, or stored on Lister Clinic servers, or hosted or published upon this website.
Notwithstanding Lister Clinic rights under these terms and conditions in relation to user content, Lister Clinic does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
7. No warranties
This website is provided “as is” without any representations or warranties, express or implied. Lister Clinic makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Lister Clinic does not warrant that:
7.1 This website will be constantly available, or available at all; or
7.2 The information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind.
8. Limitations of liability
Lister Clinic will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
8.1 For any direct, indirect, special or consequential loss; or
8.2 For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Lister Clinic liability in respect of any:
9.1 Death or personal injury caused by Lister Clinic negligence;
9.2 Fraud or fraudulent misrepresentation on the part of Lister Clinic or
9.3 Matters which it would be illegal or unlawful for Lister Clinic to exclude or limit, or to attempt or purport to exclude or limit, its liability.
10. Other parties
You accept that, as a limited liability entity, Lister Clinic has an interest in limiting the personal liability of its directors, officers and employees. You agree that you will not bring any claim personally against Lister Clinic directors, officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect Lister Clinic directors officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Lister Clinic (Pty) Ltd.
11. Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.
You hereby indemnify Lister Clinic and undertake to keep Lister Clinic indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Lister Clinic to a third party in settlement of a claim or dispute on the advice of Lister Clinic legal advisers) incurred or suffered by Lister Clinic arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
13. Breaches of these terms and conditions
Without prejudice to Lister Clinic other rights under these terms and conditions, if you breach these terms and conditions in any way, Lister Clinic may take such action as Lister Clinic deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Lister Clinic may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.
Lister Clinic may transfer, sub-contract or otherwise deal with Lister Clinic rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Entire agreement
These terms and conditions constitute the entire agreement between you and Lister Clinic in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
18. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with South African law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.