Website User Agreement

1. Website terms and conditions of use

This agreement regulates the use of the ImagePro Radiology website, social-media sites and any other electronic platform owned by Dr De Villiers and Partners Inc. These platforms are referred to collectively as “Our Sites”.

• Our Sites are used for marketing, information and related purposes.
• If you disagree with these terms, you must stop accessing the Sites and using the related services.
• Users under 18 must obtain advance permission and consent from a parent or legal guardian before purchasing products or services.
• The Company may amend or replace these terms. Continued use of the Sites constitutes acceptance of the version published at that time.
• Collection and processing of personal information is also governed by the ImagePro Radiology Privacy Policy.
• Products and services may be subject to separate terms and conditions.

Users should contact ImagePro Radiology as soon as possible if any provision of these terms is unclear.

2. Content of the Sites

The Company may improve, change or discontinue any feature, information or content on the Sites without notice. Products, prices and rates displayed online may also be amended.

Information supplied by third parties is provided “as is”. The Company does not control that information and gives no representation or warranty regarding its accuracy, appropriateness or correctness.

Although reasonable measures are taken to protect the integrity of the Sites, the Company does not warrant that the Sites, information or downloads are complete, reliable, error-free, compatible, secure, suitable for a particular purpose, of a particular quality, non-infringing or free from viruses or other harmful code.

Users remain responsible for evaluating information before relying on it. External statements and claims may be published in the format received by the Company.

3. Linked third-party websites and content

Links to third-party websites are provided for convenience. A link does not mean that ImagePro Radiology endorses the website, its owners, its content, or its privacy and security practices.

The Company does not control linked websites and gives no warranty concerning their information, privacy practices, availability or operation. It is not liable for an inability to access a linked website or for loss arising from its content, links, presence or use.

Any interaction, transaction or other dealing with a linked website or advertiser is solely between the user and that third party.

4. Usage restrictions

Users may not, directly or through another person:

• Copy, reproduce, translate, modify, license, lease or otherwise deal with any part of the Sites outside the intended purpose of these terms.
• Decompile, disassemble, reverse engineer or create derivative software from any part of the Sites.
• Modify or enhance the Sites. Any unauthorised modification or enhancement will belong to the Company.
• Provide, disclose or permit unauthorised access to the Sites, or remove copyright, trademark or identification notices.
• Post unlawful, harmful, threatening, abusive, defamatory, obscene, discriminatory or otherwise objectionable content.
• Use the Sites for purposes other than personal, non-commercial and informational use unless written permission has been granted.

5. Security

The Company may take any reasonable action necessary to preserve the security, integrity and reliable operation of its networks, Sites and back-office applications.

Users may not compromise security, tamper with the Sites, attempt unauthorised access, or deliver unauthorised, damaging or malicious code. Offending users may face criminal prosecution and civil claims for resulting losses or damage.

A user who commits an offence described in Chapter 13, sections 85 to 88, of the Electronic Communications and Transactions Act 25 of 2002 may, in addition to criminal prosecution, be liable for resulting losses or damage suffered by the Company and its affiliates, agents or partners.

6. Intellectual property rights

Intellectual-property rights include the Company’s present and future rights in technology, source code, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents, copyright and similar proprietary rights, whether registered or not.

Copyright and other intellectual-property rights in the Sites and their content - including logos, text, databases, graphics, icons, hyperlinks, confidential information, software, designs, agreements and multimedia works - belong to or are licensed to the Company and are protected by local and international law.

No ownership rights are transferred to users. Content may be viewed, temporarily downloaded and printed for personal, informational and non-commercial purposes only. Proprietary material may not be copied or retransmitted without written permission.

By submitting reviews, comments or other content for publication, other than personal information, a user grants the Company and its affiliates a non-exclusive, royalty-free, perpetual and irrevocable worldwide licence to use, reproduce, publish, translate, sublicense, copy, distribute and incorporate that content into other works and media. Subject to that licence, the user retains any rights that may exist in the submitted content.

7. Risk, limitation of liability and indemnity

Use of the Sites and reliance on their information is entirely at the user’s own risk. Internet communications, including email, may be monitored or intercepted, and users accept the risks associated with transmitting information electronically. The Company may request independent verification of information sent by email.

To the extent permitted by law, the Company and its affiliates, shareholders, agents, consultants and employees exclude liability for direct, indirect, special, incidental, consequential or punitive loss arising from use of, inability to use, or reliance on the Sites or linked websites.

Where applicable, liability for faulty website operation is limited to rectifying the malfunction within a reasonable period after notification. Users must not attempt repairs or permit third-party repairs without prior written approval.

Users indemnify the Company against losses, claims, damages and costs resulting from misuse of the Sites, unauthorised software or changes, non-compliance with these terms, telecommunications requirements, or interruptions outside the Company’s control.

The Company gives no warranty as to the availability, accuracy or completeness of website content. To the extent permitted by law, users waive claims arising from information that is incorrect, incomplete or inaccurate.

8. Privacy Policy and other terms

ImagePro Radiology takes privacy seriously and processes personal information in accordance with its Privacy Policy, which forms part of these terms.

Use of ImagePro Radiology products and services signifies consent to the collection and use of personal information as described in the Privacy Policy and may also be subject to separate terms and conditions.

9. Confidentiality

A subscribing user must keep strictly confidential any information acquired in connection with the Company’s products or services, must not disclose it to a third party, and must report any loss or unauthorised disclosure.

Information or material sent to the Company is not considered confidential unless the user and the Company have agreed otherwise in writing.

10. Breach or cancellation by the service provider

If a user breaches these terms, uses the Sites without authorisation or infringes applicable law, the Company may cancel the agreement, limit or deny access, claim performance of obligations, seek an interdict, claim damages or take other appropriate legal action.

The Company may deny further access without prior notice and take appropriate legal action to protect its rights and interests. The user agrees to reimburse associated legal costs on an attorney-and-own-client scale.

11. Compliance with laws

Users must comply with all applicable laws, statutes, ordinances and regulations relating to access to and use of the Sites.

12. Notices

Notices may be delivered electronically to the contact details published on the Company’s official website or to the email address supplied by the user. An email notice is generally regarded as given 48 hours after sending unless the sender is notified that the address is invalid.

Notices may alternatively be sent by registered mail, postage prepaid with return receipt requested, and are generally regarded as given seven days after mailing.

Electronic agreements, notices and communications satisfy requirements that communication be “in writing”. A written notice actually received by a party is adequate even where it was not delivered to that party’s chosen address.

13. General clauses

• The agreement is governed by the laws of the country where the Company’s head office, as shown on its Sites, is situated.
• The Sites are controlled and administered from the Company’s head office. Access from a place where the content is illegal is prohibited, and users accessing from another location remain responsible for compliance with local and applicable export laws.
• The Company cannot guarantee continuous, uninterrupted or secure access where factors outside its control interfere with operation.
• If a provision is unlawful, invalid or unenforceable, it may be removed without affecting the remaining provisions.
• Failure to act on one breach does not waive the right to act on a later or similar breach.
• Users may not transfer rights or delegate obligations without prior written consent.
• No party is bound by a term, representation, warranty or promise not recorded in the agreement.
• Headings are included for reference and do not affect interpretation.
• Words in the singular include the plural and vice versa; gendered words include other genders; and references to persons include partnerships and incorporated or unincorporated entities.
• The complete approved terms record the entire agreement concerning their subject matter.