These terms of use ("Terms of Use"), together with the documents referred to herein, make provision for the terms and conditions applicable when making use of our website https://www.udok.co.za, the Udok application at https://app.udok.co.za, and any other *.udok.co.za subdomain and/or social network website we make available ("our website").
Please read these Terms of Use carefully before making use of our website. We recommend that you print a copy of these Terms of Use for future reference.
If you do not agree to these Terms of Use, we advise that you refrain from making use of our website.
Other Applicable Terms
You may provide, and we may collect, certain information about you and your use of our website and services. We will collect, process, use and disclose such information strictly in accordance with our Client Information Processing Policy.
Qualifying persons may apply and register for our services via this website at https://www.udok.co.za. You must ensure that the information you provide to us in any application is accurate and that you comply with any stated requirements, failing which we will be unable to process your request.
WHEN YOU SUBMIT AN APPLICATION YOU WILL BE REQUIRED TO ACCEPT SPECIFIC TERMS AND CONDITIONS WHICH WILL GOVERN YOUR USE OF OUR SERVICES. If there is any conflict between these Terms of Use and the specific terms governing your use of our services, the specific terms governing the services will prevail to the extent of conflict.
Information About Us
We are Udok (Proprietary) Limited, a company registered in the Republic of South Africa under company number 2017/254421/07, with our principal place of business at Office A02 La Concorde, 57 Main Road, Paarl, South Africa, 7646 ("we", "us", "our").
For more information about us, Click Here.
Changes to These Terms
We may change our terms of use from time to time. Such changes take effect when published. You should keep up to date with their content and read these terms each time prior to use, since the then-current version applies to your use.
Accessing Our Website
- Access to our website is made available free of charge. Applicable fees for our services will be addressed in the terms governing your use of those services.
- We do not guarantee that our website, or any content on it, will always be available or uninterrupted. Access is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website (including services available) without notice.
- You are responsible for making all arrangements necessary to access our website, including mobile data and associated costs.
- You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of, and comply with, these Terms of Use and other applicable terms and conditions.
- Our website is directed to people residing within the Republic of South Africa. We do not represent that content available on, or through, our website or services is appropriate or available in other locations.
Rights Granted to You
- Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable and revocable licence to access and use our website and content solely for your own personal, non-commercial use.
- Any rights not expressly granted herein are reserved by us and our licensors.
Prohibited Uses
You may not use our website or content:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the sending of, unsolicited or unauthorised advertising or promotional material or any similar solicitation (for example: spam);
- to knowingly transmit any data, send or upload any material containing viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other harmful programs or code designed to adversely affect the operation of software or hardware into our website or content used by us or other users; or
- to access, without authority, interfere with, damage or disrupt any part of our website or the equipment or network on which the website is stored.
You may further not:
- remove any copyright, trademark or other proprietary notices from any portion of our website;
- reproduce, copy (direct or indirect), modify, adapt, reproduce, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website (or any part thereof);
- decompile, reverse engineer or disassemble our website except as permitted by applicable law;
- cause or launch programs or scripts for scraping, mirroring, indexing, surveying or otherwise data mining any portion of our website, or unduly burdening/hindering functionality;
- access or use our website or content through automated means, including robots, spiders, or offline readers (other than individually performed searches on publicly accessible search engines solely to create publicly available search indices - excluding caches or archives); or
- attempt to gain unauthorised access to, or impair, any aspect of our website or related systems or networks.
Intellectual Property Rights
- We are the owners and/or rightful licensees of all intellectual property rights (including but not limited to concepts, know-how, data processing techniques, copyrights, patents, designs, inventions, trademarks - registered or unregistered) in our website, content and related services. All such rights are reserved.
- You must not modify copies of materials printed or downloaded from our website, and you must not use illustrations, photographs, video/audio sequences or graphics separately from accompanying text, or claim ownership of such content.
- Nothing on our website or under these Terms of Use conveys or grants to you any rights:
- in or related to our website, except for the limited licence described above; or
- to use or reference our business names, service names, logos, trademarks or service marks (or those of our licensors).
No Reliance on Information
- Content on our website is provided for general information only. It is not intended to amount to advice on which you should rely.
- Although we make reasonable efforts to update website information, we make no representations, warranties or guarantees, express or implied, that content is accurate, complete or up to date.
Limitation of Our Liability
WE PROVIDE OUR WEBSITE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE, CONTENT OR SERVICES, WHETHER EXPRESS OR IMPLIED.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR WEBSITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THAT YOU WILL INDEMNIFY US AGAINST ANY CLAIM, DEMAND, DAMAGE, COST, LOSS OR LIABILITY (INCLUDING REASONABLE ATTORNEY'S FEES) RELATED TO YOUR USE OF OUR WEBSITE.
IT IS WITHIN YOUR SOLE DISCRETION TO USE OUR WEBSITE AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (INCLUDING DIRECTORS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, USE OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING from:
- use of, or inability to use, our website or services;
- procurement of substitute services resulting from data, information or services obtained, messages received, or transactions entered into through our website/services;
- unauthorised access to, or alteration of, transmissions or data;
- statements or conduct of any third party via services or on our website;
- results of our services, linked websites and materials posted thereon;
- delay or failure in performance resulting from causes beyond our reasonable control; or
- any other matter relating to our website and services.
The limitations and disclaimer in this section do not limit liability or alter rights that cannot be excluded under applicable law.
We assume no responsibility for content of websites linked on our website. Links should not be interpreted as endorsement, and we will not be liable for loss or damage arising from your use of linked websites.
Security
- Although we are not obliged to provide security on our website, we consider it important that your information, and communication between us, is dealt with in the most secure manner reasonably possible.
- Due to the nature of the Internet, we cannot guarantee that communication via our website is completely secure at all times.
- To provide adequate security and monitor activities prohibited under section 86 of the ECT Act, you agree to our right to intercept, monitor, block, read, delete or access data sent to the website or our other communication facilities, subject to the conditions under the RIC Act.
- We attempt to virus-check documents/files before upload, but cannot guarantee downloaded files are virus-free. You must use virus-checking software and must not upload files containing viruses.
Linking to Our Website
- You may link to our website, but only to the homepage, and only in a way that is fair, legal and does not damage our reputation or breach these Terms.
- You must not establish a link suggesting association, approval or endorsement where none exists.
- Our website must not be framed on any other website, and you may not create links to parts of the website other than the homepage.
- We reserve the right to withdraw linking permission without notice.
- The website linking to us must comply with our Acceptable Use Policy.
Third-Party Services, Content and Links in Our Website
Our services may be made available or accessed through third-party service providers and content (including advertising) that we do not control. Where our website links to third-party websites/resources, such links are provided for convenience and information only. Different terms of use and privacy policies may apply to those services/content. We do not endorse such providers and are not liable for their products/services.
Breach, Suspension and Termination
- We may determine, at our discretion, whether there has been a breach of these Terms of Use through your use of our website, and may take action we deem appropriate.
- We exclude liability for actions taken in response to a breach of these Terms.
- Costs incurred by us in enforcing rights hereunder (including legal costs on attorney-and-own-client scale and collection commission), whether or not action has been instituted, are recoverable from you if rights are successfully enforced.
- No relaxation or indulgence by either party constitutes a waiver of rights.
- Provisions intended to survive termination or expiry will continue in force after termination/expiry.
Applicable Law and Jurisdiction
These Terms of Use are governed by the laws of the Republic of South Africa. We both agree that the courts of the Republic of South Africa have exclusive jurisdiction.
No term, condition and/or provision of these Terms is intended to limit your right to settle a dispute concerning the CPA (to the extent applicable) using mechanisms provided for in law.
Contact Us
- Website functionality or recommendations: [email protected]
- Our Services: contact us via our Contact Us page at https://www.udok.co.za/contact-us
- Complaints: please contact us first regarding complaints or service-related issues
- Legal documentation or notices:
- Physical address: our premises
- Email: [email protected] (heading: "LEGAL")
- Marked for attention of: Managing Director (Legal)
Any notice to you or us that is:
- sent by prepaid registered post in a correctly addressed envelope, shall be deemed received (unless proven otherwise) within 10 (ten) days from date posted;
- delivered by hand, shall be deemed received on day of delivery if delivered to a responsible person during ordinary business hours; or
- sent by data message, shall be deemed received on the 1st (first) business day following date of sending, absent administrator or mail-server error messages.
Notwithstanding anything to the contrary, a written notice actually received by you or us is adequate notice even if not sent to the chosen address.
Definitions
- Consumer has the meaning attributed to it in terms of the CPA.
- Content means any information, content, images, video, audio, data, works of authorship, materials, software and technology which may be displayed on, incorporated into, underlying, or used to operate our website.
- CPA means the Consumer Protection Act, Act 68 of 2008.
- Data Message has the meaning attributed to it in terms of the ECT Act.
- ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002.
- Personal Information has the meaning attributed to it in terms of the POPI Act.
- POPI Act means the Protection of Personal Information Act, Act 4 of 2013.
- RIC Act means the Regulation of Interception of Communications and Provision of Communication Related Information Act, Act 70 of 2002.
- Services means services provided by us including, without limitation, provision of a platform-as-a-service website acting as an access point to a database of healthcare professionals and ancillary services.
- Users means users of our website (including you).