Pro-Active Health Solutions Proprietary Limited, Registration Number 1999/024038/07, Operating as INUA ("The Company")

 

1. Terms and Conditions of Use of Website and Services

 

1.1 Please read the following Terms and Conditions very carefully as your use of this Website and the Services is subject to your acceptance of and compliance with these Terms and Conditions. Where applicable, reference to Website shall include Services.

 

1.2 These Terms and Conditions are the general Terms and Conditions that apply to any User's access and use of the Website and the Services. By accessing this Website and/or using the Services You acknowledge that You have read, understood and accepted the following Terms and Conditions and/or disclaimers and agree to be bound by them. Accordingly, if You do not agree and/or wish to be bound to the Terms and Conditions, You are obliged to immediately cease to use the Website and thus not continue with the booking and/or use of the Services, as further use will automatically bind You to these Terms and Conditions.

 

1.3 These Terms and Conditions are to be read with any other policies or terms and conditions which may be published by the Company from time to time, including but not limited to the terms and conditions dealing with privacy and personal information.

 

1.4 The Company may, in its sole and absolute discretion, amend these Terms and Conditions from time to time. By using the Website, You acknowledge that You will be bound by the Terms and Conditions as amended from time to time.

 

1.5 The Terms and Conditions hereof shall apply each time the Company renders the Services to the User.

 

1.6 You warrant that You have legal capacity. Where the User is a minor or otherwise lacks legal capacity ("Minor"), the person accepting these Terms and Conditions on the User's behalf ("the Guardian"): (i) warrants that he/she is the parent or legal guardian of the Minor (or otherwise duly authorised in law) and is legally competent to consent to the Minor receiving the Services; (ii) agrees, in such capacity, to be bound by these Terms and Conditions on behalf of the Minor; and (iii) indemnifies and holds the Company harmless against any claim or dispute arising from the Guardian's alleged lack of authority to consent to the Services or to accept these Terms and Conditions on the Minor's behalf.

 

2. Definitions

 

In these standard Terms and Conditions, including the annexures to these standard Terms and Conditions (if any), unless a contrary intention clearly appears the following terms shall have the meanings assigned to them in these Terms and Conditions and cognate expressions shall have corresponding meanings:

 

2.1 Fee – fee/s payable by the User for the Services;

 

2.2 Intellectual Property – any and all rights, title and interest, registered or otherwise, including but not limited to any applications for registration of such rights, in and to any intellectual property, copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, hyperlinks and downloads (being any software, data, files or content retrieved, viewed or downloaded by the User when using the Website), and any of the information appearing on the Website;

 

2.3 Services – mental health services offered by the Company from time to time;

 

2.4 Terms and Conditions – the terms and conditions set out in this document as may be amended from time to time;

 

2.5 User or You – any person who registers his/her/its details with this Website and/or uses the Website (including the Services);

 

3. The Services

 

3.1 For the purposes of this clause, reference to "the Company" shall include all of its employees, assignees, affiliates, representatives, agents, and all other persons authorised to act for or on behalf of the Company.

 

3.2 The User hereby agrees and acknowledges the following in regard to the Services:

 

3.2.1 no diagnosis, prognosis or therapeutic outcome is guaranteed;

3.2.2 treatment results vary from person to person;

3.2.3 the treatment or process may involve emotional discomfort;

3.2.4 any emotional distress experienced by the User will not constitute negligence on the part of the Company;

3.2.5 the Company does not guarantee improvement or eradication of symptoms;

3.2.6 the User remains responsible for implementing therapeutic recommendations;

3.2.7 any reports prepared by the Company shall be based on information provided by the User and the Company's professional assessment;

3.2.8 the Company shall not be responsible and/or liable for any reports arising from false, incomplete or misleading information supplied by the User.

 

4. Representations and Warranties

 

4.1 The Company makes no representations and gives no warranties, whether expressly or implicitly, as to the Website, the information provided on the Website and/or the Services, and specifically, but without any limitation, makes no representations and gives no warranty:

 

4.1.1 that the Website and/or the Services will be tailored to meet your personal requirements or expectations;

4.1.2 on the time within which the Website will be updated, or that access to the Website will be uninterrupted or error-free;

4.1.3 that the information provided on the Website will be true, complete, accurate or reliable.

 

4.2 The Company will not be responsible for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, arising from any negligence, and which is suffered by any person who accesses, uses or relies on the Website and/or the Services. Without limiting the generality of this clause, the Company will not be held responsible for any loss, liability or damage of any nature incurred by whosoever whether resulting directly or indirectly from:

 

4.2.1 access to and use of the Website and/or the Services;

4.2.2 any inability to access, or delays or difficulty in accessing, the Website, to the extent that such inability, delay or failure results from causes beyond the Company's reasonable control;

4.2.3 access to any websites linked to the Website;

4.2.4 inability to access, or delays or difficulty in accessing, any websites linked to the Website;

4.2.5 inability to access, use, or rely on information or content available on the Website;

4.2.6 any content or information posted by third parties on the Website;

4.2.7 services available from or through the Website, including but not limited to the Services;

4.2.8 any delay or failure to fulfil any obligations under these Terms and Conditions to the extent that such delay or failure results from causes beyond the Company's reasonable control;

4.2.9 any negligent act or omission by the Company and/or its consultants, agents and/or employees;

4.2.10 any loss or damage suffered by the User, whether in contract or in delict, as a result of the Company furnishing incorrect advice to the User;

4.2.11 adverse effects experienced by the User due to the User's use of the Services;

4.2.12 self-harm inflicted by the User.

 

4.3 The User indemnifies and holds the Company harmless against –

 

4.3.1 any claim of any nature whatsoever by any third party for any loss or damage of any nature suffered by that third party as a result of the Services;

4.3.2 any costs incurred by the Company in dealing with any third party claim, including legal costs on the attorney and own client scale.

 

5. Fees and Payment

 

5.1 The Fee shall be quoted and paid at the time of booking the Services.

 

5.2 Payment of the Fee shall be made by the User to the Company in full by way of electronic funds transfer into an account nominated by the Company in writing ("the nominated bank account") or such other manner as may be determined by the Company from time to time.

 

5.3 All Fees shall be payable by the User free of any set-off or deduction. The User shall be deemed to have made payment of the Fees once the Fees reflect in the nominated bank account.

 

5.4 Where the User makes payment by way of electronic funds transfer, all risk arising from the use and/or payment thereof shall lie with the User who shall be liable for any losses sustained as a result thereof.

 

5.5 The User hereby acknowledges and agrees that any payment made to any bank account other than the nominated bank account shall not constitute a valid discharge of the User's obligation to make such payment and any loss incurred by the User as a result thereof shall be borne solely by the User.

 

6. Refunds and Rescheduling

 

6.1 All fees paid by the User for the Services are non-refundable.

 

6.2 The User may reschedule a confirmed booking for the Services in accordance with the Company's rescheduling. To the extent that the Company's policy allows for rescheduling, such rescheduling shall be done at least 24 hours before the time of the appointment or confirmed booking.

 

6.3 Should the User fail to reschedule the booking; or fail to arrive at a scheduled meeting on time, the booking shall be automatically cancelled and no refund shall be paid to the User.

 

6.4 Should the booking be cancelled and the User subsequently require the Services, the User shall be required make a new booking and the applicable Fees for such new booking shall be payable in full.

 

7. User Responsibilities

 

The User undertakes and agrees to: provide accurate, complete and truthful information to the Company; comply with treatment recommendations and service rules of the Company; treat all personnel and agents of the Company with dignity and respect; and attend booked appointments punctually.

 

8. Intellectual Property Rights

 

8.1 All rights, title and interest in and to the Website Information and/or the Intellectual Property, the manner in which the Website Information is collected and packaged, as well as the copyrights, intellectual property rights, trade mark rights and other rights of whatever nature relating thereto shall, unless owned by third parties, at all times vest solely in the Company. The Company asserts and reserves all its rights, including moral rights, in this regard.

 

8.2 All content included on the Website by the Company, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of the Company or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of the Company and is protected by South African and international copyright laws.

 

8.3 Except as stated herein, none of the material on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the Company's prior written permission or the copyright owner.

 

8.4 The User is expressly prohibited to "mirror" any content, contained on the Website, on any other server unless with the prior written permission of the Company.

 

8.5 All trademarks are the exclusive property of the Company.

 

8.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject You to criminal prosecution as well as personal liability for damages.

 

9. Domicilium and Notices

 

9.1 You nominate the address provided on booking as your domicilium citandi et executandi for service upon You of all notices and processes whether in connection with any claim or any sum due to the Company or otherwise.

 

9.2 Any notice given by the Company to the User which is delivered by hand or transmitted electronically shall be deemed to have been received by the User on the first business day after the date of delivery or transmission, as the case may be. Notwithstanding anything to the contrary contained or implied in this clause, a written notice or communication actually received by the User from the Company, including by way of electronic transmission, shall be adequate written notice or communication to the User.

 

9.3 Unless agreed otherwise by the Company in writing, any notices required to be sent to the Company from time to time shall be in writing and delivered personally.

 

10. Electronic Communications and Transactions Act 25 of 2002 ("The ECT Act") and Consumer Protection Act 68 of 2008 ("The CPA")

 

10.1 These terms are subject to the provisions of the ECT Act and any of the terms that are in conflict with any of the compulsory provisions of the ECT Act will be deemed to have been modified so as to comply with such provisions of the ECT Act.

 

10.2 No provision in these Terms and Conditions is to be interpreted or construed as excluding or waiving any rights the User may have in terms of the CPA.

 

11. General

 

11.1 No variation, alteration or consensual cancellation of any of these Terms and Conditions, and/or of any contract entered into between the Company and the User, shall be of any force or effect, unless in writing and signed by a director of the Company and the User.

 

11.2 If any provision of these Terms and Conditions is, or at any time becomes, prohibited by, or unlawful under, any applicable law, regulation or other condition, or otherwise becomes void or unenforceable, it will be severed from these Terms Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and Conditions, which will continue in full force and effect.

 

11.3 These Terms and Conditions shall be governed by the laws of the Republic of South Africa.

 

11.4 Where a benefit is conferred upon the Company in terms of the Terms and Conditions, reference to "the Company" shall be deemed to include a reference to the Company's employees, agents, assignees, representatives, sub-contractors and all other persons authorised to act for or on behalf of the Company and the Company, on their behalf, accepts the benefits conferred upon them in terms of this clause.

 

11.5 Any relaxation or indulgence which may be given by the Company show to You from time to time or any failure by the Company to exercise or enforce any right or provision of these Terms and Conditions is without prejudice to and does not constitute a waiver of any right or provision either in these Terms and Conditions or any law. No waiver will be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

 

11.6 The provisions hereof shall prevail over any agreement which the User may purport to impose or apply and which are contrary to these Terms and Conditions.