CDE Website Terms of Use


General Terms and Conditions of Use (“Terms”) for Centre for Diabetes & Endocrinology (Pty) Ltd (“CDE”)

 

Welcome to the CDE Sites. 

We appreciate your feedback.  Should you wish to make any comments or suggestions about any of the Sites, or if you have any questions, kindly contact us atsiphiwel@cdediabetes.co.za or+27 11 053 4400.   We further request that you report to us any content or material posted on or uploaded to any of the Sites that you believe to be in breach of these Terms. 

By accessing and/or using the Sites, you agree that you have read, understood and agree to be bound by the Terms (including the CDE Privacy Policy) existing at that time. If you do not wish to be bound by the Terms, please do not continue to use the Sites.

For purposes of these Terms:

  • you” or “your” refers to you, the user of the Website and/or Application and/or any of the Social Media Networks;
  • we”, “us”, “our”or “CDE” refers to Centre for Diabetes & Endocrinology Proprietary Limited, registration number 1994/001693/07, a private company incorporated in the Republic of South Africa with registered address  81 Central Street, Houghton Estate, Johannesburg, 2198, South Africa and any developers that CDE may employ from time to time; 
  • CDE Approved Partners” refers to any of CDE’s third party partners to which your personal information can be provided to in provision of the CDE services;
  • the Website” means the CDE website, accessible at www.cdediabetes.co.za;
  • the App” or “Application” or “CDE App(s)” means any online application software that is provided by or is connected with CDE that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device;
  • Social Media Networks” includes, but is not limited to the following social media networks – Facebook; Twitter; YouTube; Linkedin; Instagram; Pinterest; and Tumblr;
  • Site(s)” means collectively our platforms, including this Website, the CDE Apps and any Social Media Networks;
  • UserContent” means any message, data, communication, information, text, music, sound, photograph, graphic, code or any other material posted by you to any of the Sites;
  • CDE Content” means all content made available by CDE on the Sites (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software); and
  • Site Content” refers to all content on the Sites, including the CDE Content and the User Content.

 

  1. Application
    1. These Terms apply to the CDE Sites only.  The Sites may contain links to or advertisements for other websites and apps, and other websites and apps may link to or advertise this Site and/or the products and services provided by CDE ("Linked Sites ").  These Linked Sites are not governed by these Terms and we are in no way responsible for the content or the terms of use, privacy and/or security policies employed by Linked Sites.
    2. The Terms of the CDE Privacy Policy(“the Privacy Policy”) are incorporated into these Terms in full, and any reference to the Terms specifically includes a reference to the Privacy Policy incorporated herein.

  2. Conditions of Access
    1. Your access to, and use of, the Site is subject always to the terms and conditions set out in these Terms.
    2. To avoid any confusion, you agree these terms and conditions applies to your use of:
      1. the Website;
      2. any CDE Apps;
      3. any third party website or mobile application licensed to us; and
      4. any Social Media Networks that you engage CDE on, regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site.
    3. Your cellular network provider may, depending on the type of contract you have, charge you for accessing the Sites or for any usage of the Sites (such as data charges, sms charges). CDE cannot be held responsible for these charges.

  3. Your Acceptance and Consent
    1. By using the Site, you expressly agree to the terms and conditions of these Terms. If you do not agree to all of the terms and conditions, please do not continue to use the Sites.
    2. When you install or download the CDE Apps, you may be required to accept the terms and conditions or the end user licence agreement (collectively, an “EULA”) of a third party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that the EULA is part of these Terms and will apply to your use of the CDE Apps. 
    3. You agree that these Terms apply to any information accessed via the Sites, and to all sections of the Sites.

  4. Changes to these Terms
    1. These Terms are subject to change from time to time. You are encouraged to review these Terms at the inception of each visit to any of the Sites. The Website will always display the latest version of the Terms.
    2. The current version of the Terms will apply each time that you access and use the Sites.

  5. Your Account
    1. If you use the Site, you must keep your access details (including, your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account. If you use more than one account we could remove all access.
    2. Once you’ve logged onto the site once, certain information, functionality and other features of the Site will be accessible the next time you access the Site without having to re-enter your password. If you prefer to enter your password every time you access the Site, you can change the setting in the menu option.
    3.  CDE may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
    4. You agree that the following actions shall be material breaches of these terms and conditions:
      1. signing in as, or pretending to be, another person;
      2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;
      3. using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or
      4. gathering information about others without obtaining their prior written consent.
    5. You also agree that any use of your access details shall be regarded as if you were the person using such information.
    6. CDE may determine certain requirements that you will need to meet when choosing a user name or password.  These requirements may be changed from time to time and you may be required to update your credentials.

  6. Your behaviour when using the products and Sites
    1. You are solely responsible for your use of the Sites and use them at your own risk.
    2. Save as provided for in the Privacy Policy, we take no responsibility, do not endorse, and assume no liability for any User Content posted, stored or uploaded by you or any third party on or to any of the Sites, or for any loss or damage thereto.  Should you have a claim arising from the actions or statements of another user of the Sites, you agree to pursue such claim against that user and not against us.
    3. Although we have no obligation to screen, edit or monitor any of the User Content posted to or distributed by users of the Sites, we reserve the right, and have absolute discretion, to do so, including the right and absolute discretion to remove or edit any User Content posted or stored on the Sites at any time, for any reason and without notice.
    4. You guarantee that all information provided by you at any time to CDE on or via any of the Sites, will be true, accurate, current and correct and you undertake to update the information as and when required.
    5. You guarantee that you have fully disclosed all facts, and agree that these Terms or any transactions related to these Terms will be void if you do not meet this requirement.
    6. You may not use the Sites to obtain or distribute:
      1. copyrighted material or material protected by the law without prior written consent; or
      2. material containing viruses or any other destructive materials, data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable and harm or otherwise impede in any manner the operation of a computer system or hardware or software.
    7. You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Sites or the products and services provided by CDE.
    8. You are strictly prohibited from using the Sites for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
    9. The Sites and the Site Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Sites or Site Content.
    10. You are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Sites or Site Content; (ii) incorporate any part of the Site Contentin any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
    11. You shall not allow a third party to:
      1. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Sites and/or the Site Content (“the Software”) or any files contained in or generated by the Software by any means whatever;
      2. remove any product identification, copyright or other notices, from the Software or documentation;
      3. lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice’s hardware; or
      4. disseminate performance information or analysis of the Software from any source relating to the Software.
    12. The Sites may from time to time contain discussion forums, bulletin boards or other opportunities in terms of which you or third parties are able to post reviews, queries, opinions, messages and other content.  You agree not to post, upload to, transmit, distribute, or otherwise publish through the Sites any User Content, or any link to such User Content, that:
      1. is unlawful, defamatory, harassing, threatening, insulting, abusive, discriminatory, inflammatory, obscene, pornographic, indecent, vulgar, crude, suggestive, invasive of privacy or publicity rights, fraudulent or otherwise illegal or objectionable;
      2. constitutes, encourages or provides instructions for the commission of a criminal offence;
      3. violates the rights of any party, or that would otherwise create liability or violate any law;
      4. infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
      5. impersonates any person or entity or falsely represents your identity or qualifications;
      6. falsely represents your affiliation with any person or entity, including CDE;
      7. constitutes spam, an unsolicited promotion, political campaigning, advertising, contests, commercial solicitation, chain letters or petitions; 
      8. is meaningless, excessive, padded, off-topic, repetitive or otherwise unrelated to the Sites or the services offered by us;
      9. constitutes malicious and unfounded complaints against us, our affiliates, products or practices, or promotes the products or services of other providers;
      10. attacks or incites other users or perpetuates arguments or abuses any company, product or service;
      11. includes or incorporates the personal information of any party or amounts to a solicitation of any such personal information;
      12. contains any viruses, corrupted data, worm, Trojan horse or other damaging, disruptive or destructive files; or
      13. in our sole judgment and absolute discretion:
        1. violates any one or more provisions of the Terms;
        2. restricts or inhibits anyone from using or enjoying the Website;  and/or
        3. exposes us, our affiliates or users to any harm or liability of any kind.

  7. Collection of Personal Information
    1. We collect personal information from you in accordance with our Privacy Policy which can be viewed on the Website.
    2. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes set out in the Privacy Policy.

  8. Electronic communication and records
    1. You accept that we can communicate with you electronically by visiting the Sites or sending us e-mails. All records that you send to us may be stored electronically and with third parties. These electronic records shall be proof of the records, unless you can prove otherwise.
    2. Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by CDE. This includes, but is not limited to mobile push notifications.
    3. If you are a registered user of the Sites, you will receive communications from us via e-mail. If you do not want to receive e-mails from CDE, you may click ‘unsubscribe’ or you contact us at siphiwel@cdediabetes.co.za or+27 11 053 4400.
    4. CDE takes all reasonable steps to protect your personal information and maintain confidentiality in accordance with the Privacy Policy. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
    5. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.

  9. Consumer Rights
    1. No provision of these Terms shall be interpreted or construed as a waiver, restriction, limitation or deprivation of any rights that you may have in terms of applicable law.
    2. In particular, we draw your attention to certain rights that you may have in terms of the Consumer Protection Act 2008, the Electronic Communications and Transactions Act 2002, the Protection of Personal Information Act 2013 and the National Health Act 61 of 2003.  These rights are not necessarily detailed in these Terms.

  10. Copyright and Intellectual Property Rights
    1. AllSite Contentmade available on the Sites (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to CDE and is protected by South African and international law, unless we expressly state that it is not. In addition, the compilation of all content on the Site is the exclusive property of CDE and is protected by South African and international copyright laws.
    2. Except if permitted under this or another agreement with CDE, no portion of the Site may be copied or transmitted via any means available now or in the future.
    3. Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
    4. You agree that if you breach the terms of this clause 10, CDE will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. CDE will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
    5. Nothing on the Site should be regarded as granting any licence or right to use any trademark without CDE’s prior written permission and/or that of any third party.
    6. CDE tries to ensure that the most sophisticated technology protects the information on the Site. However, CDE cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.

  11. Linking to third party websites
    1. The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of CDE and CDE is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
    2. CDE is providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by CDE of the linked website, their business or security practices, or any association with its operators.
    3. From time to time CDE may employ the services of third parties to assist with the hosting and management of certain services and aspects of the Site. We apply every effort to ensure that our sub-contractors comply with our Privacy Policy and widely accepted security standards and they will be accountable for any non-compliance.
    4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.

  12. Disclaimer
    1. The Sites and all information, content, tools, materials features and services are provided by CDE on an “as is” and “as available” basis, unless we inform you otherwise in writing.
    2. The Sites are for information purposes only. We make no guarantee about the accuracy or reliability of the content, materials, features, and services on our Sites.
    3. We do not warrant that our Sites or any content, materials, features, or service on them will be error-free, uninterrupted, provide you with specific results, or be free of viruses or other harmful components. CDE will not be liable for any damages of any kind arising from your use of the Sites or from any information, content, tools or materials included on or otherwise made available to you through the Sites, including for direct, indirect, special, punitive and/or consequential losses or damages or penalties, including loss of profit or the like whether or not in contemplation of the parties, whether based on breach of contract, delict, product liability or otherwise.
    4. To the maximum extent permitted by law, we disclaim all express, implied, and statutory warranties, including, but not limited to, those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.
    5. No provision of these Terms does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption or requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
    6. You agree that you are solely responsible for any use or misuse of the Site Content and services provided on or through our Sites and for compliance with all laws applicable to such use.
    7. You may have additional rights under applicable law that preclude or limit the exclusion and disclaimers above.
    8. We are fully committed to providing you with the best possible service. We are not, however, responsible for:
      1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of CDE; or
      2. any inaccurate, incomplete or inadequate information obtained from the Sites supplied by you.
    9. Neither party will be responsible for any direct or indirect loss or damages that may arise from:
      1. any of the events described in this clause 12;
      2. your actions or omissions that result in a breach of these Terms;
      3. any Linked Sites from the Sites. You also acknowledge that we cannot control the content of or the products offered on those websites;
      4. a denial of access to the Sites should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the Sites or put CDE in disrepute; or
      5. your reliance on any of the information, content, tools or materials that you obtain from the Sites.

  13. Medical Disclaimer
    1. CDE has created and compiled the content on its Sites for your information and use. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician’s independent judgment about the appropriateness of risks of a procedure or condition for a given patient.
    2. You should not discontinue any treatment you may be receiving on the basis of information reflected on this site without first consulting your healthcare provider. You should also seek professional advice immediately should any symptoms you may be experiencing persist.
    3. We do not warrant or represent that you will attain any particular result, whether medical, financial or otherwise from your use or non-use of the Sites or Services. You acknowledge that you are responsible for your own acts, decisions, choices, and use of the information provided on or through the Sites, and accordingly, you agree that we shall not be liable for any of your results or lack thereof.

  14. Indemnity
    1. While CDE makes every effort to ensure that the content and information on the Site is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the Sites or whether they are complete accurate or appropriate.
    2. You agree to defend, fully indemnify and hold harmless CDE, its directors, employees, holding companies, affiliates, successors, assigns, agents, service providers and suppliers from and against all claims, losses, liability, costs and expenses (including attorney’s fees) arising from:
      1. any claim relating to your use of the Sites;
      2. your violation of any of these Terms;
      3. any errors or inaccuracies or incomplete information made available by third parties (including healthcare professionals, advisors and/or experts) on the Site and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties;
      4. your violation of any third party right, including but not limited to any copyright, trademark, trade secret or other property or privacy right;
      5. any claim that the Sites Content caused damage to a third party.
    3. ou agree that all information, including products and services or any terms or conditions relating to them on the Sites may change. CDE will notify you of the important changes within a reasonable time.
    4. All products and services provided on the Sites are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.
    5. You accept that some of the information, content, tools or materials on the Sites come from external sources (including independent practitioners in the health and wellness industry), and you agree that CDE is not responsible, and will not be held liable, for any information or content, received from these external sources.
    6. This defence and indemnities set out in this clause 14 will survive termination, modification and expiration of these Terms and your use of the services and Sites.

  15. Phishing and spoofing
    1. If you receive an unsolicited e-mail that appears to be from CDE and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your CDE information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."
    2. CDE will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do notclick on the link. Responding to “phishing” places you and your personal information at risk. CDE cannot be responsible for any consequences resulting from your response to any email sent by a “phisher” or a “spoofer”.

  16. Remedies and Termination
    1. If you are dissatisfied with any of the content or materials on the Site, or any services or information available through them, your sole and exclusive remedy is to discontinue accessing and using the Sites.
    2. Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to our Sites or block your future access to our Sites for any reason at any time.
    3. Upon termination of use of any of the Sites, the rights granted to you in terms of these Terms shall terminate.
    4. You agree that any violation, or threatened violation, by you of these Terms will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.
    5. Please report any violations of the Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of bycontacting us at siphiwel@cdediabetes.co.za or+27 11 053 4400. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
    6. These remedies are in addition to any other remedies we may have at law.

  17. Applicable law
    By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern these Terms, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from these Terms.

  18. Force Majeure
    We will not be deemed to be in breach of these Terms or our Privacy Policy due to any event or circumstance beyond our reasonable control, including without limitation, war, invasion, failures of any public networks, electrical shortages, terrorist attacks, and earthquakes and other acts of God. We are not responsible for any loss, delay, or damage due to such events or circumstances.

  19. General Provisions
    1. Attempted conduct – The prohibition of any conduct in terms of these Terms extends to the prohibition of any attempt to engage in such conduct, or to authorise, encourage, facilitate or condone others in engaging in such conduct.
    2. Cession and Delegation – We may cede our rights and/or transfer or assign our obligations under these Terms to any person; provided that if we consider the transfer or assignment of our obligations under these Terms to be to your detriment, we shall not do so without your prior written consent.  You shall not be entitled to cede your rights or transfer or assign you obligations under these Terms to any person without our prior written consent.
    3. Indulgence - No relaxation or indulgence granted to you by us, or failure to enforce any of our rights, shall amount to a waiver or abandonment of our rights under and in terms of the Terms, nor preclude us from exercising its rights in the future.
    4. Whole Contract - The Terms constitutes and contains the entire agreement between the parties with regard to its subject matter.  No party shall be bound by any express or implied term, representation or warranty not recorded in the Terms.
    5. Severability - Should any provision of the Terms be held to be illegal, invalid or unenforceable for any reason, such provision shall be severed from the Terms without affecting, impairing or invalidating the remaining provisions, which shall continue to be of full force and effect.
    6. Costs - We shall be entitled to recover from you all legal expenses incurred in the enforcement of any rights under the Terms, including but not limited to collection charges and legal expenses on an attorney and own client scale.

  20. Contacting us
    1. Please direct any queries or comments about these Terms, or any requests that you are entitled to make in terms of these Terms to siphiwel@cdediabetes.co.za or+27 11 053 4400.
    2. Please note that we may reject requests that are vexatious or frivolous, that require disproportionate technical effort or impracticality to address, or that would risk or infringe the privacy of others.