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1. Disclaimer
We, the
Council for Medical Schemes, do not guarantee the availability
of services offered on this website ("the Services") or the
accuracy of the information and/or images on this website. We
make no representations or warranties, whether express or
implied, and assume no liability or responsibility for the
proper performance of this website and/or the Services and/or
the information and/or images contained on this website, and
the Services are thus used at your own risk. In particular we
make no warrantee that the Services will meet your
requirements, be uninterrupted, timely, and secure or error
free.
2. Indemnification
You,
the user, accordingly indemnify and hold us harmless against
all and any loss, liability, actions, suites, proceedings,
costs, demands and damages of all and every kind, (including
direct, indirect, special or consequential damages), and
whether in an action based on contract, negligence or any
other action, arising out of or in connection with the failure
or delay in the performance of the Services offered on this
website, or the use of the information and/or images available
on this website.
3. Use of Services
3.1 You
may only use the Services for lawful purposes and you warrant
that you shall not:
3.1.1
other than for your personal and non-commercial use, store on
your computer, or print copies of extracts from this website,
and you may not, other than for your personal and
non-commercial use, "mirror" or cache information provided via
this website on your own server, or copy, adapt, modify or
re-use the text or graphics from this website without prior
written permission from The Council for Medical
Schemes.
4. Privacy
4.1
Whilst your name and particulars which are supplied to us when
registering for some of the Services will not automatically be
made available to anyone, we nevertheless reserve the right to
make information available to the authorities if required by
law.
4.2 We
will not sell or rent any personally identifiable information
about you to any third party. However monitoring or recording
of your registration details may take place for business
purposes to the extent permitted by law, such as for example
quality control and training for the purposes of improving our
Services. However, in these situations, we will not disclose
information that could be used to personally identify
you.
4.3 We
will adhere to our privacy policy the salient terms of which
are available for you to link to and read from the home page
of this website.
4.4 You
must notify us immediately should any of your information
change.
5. Intellectual Property Rights
You
acknowledge that we own the intellectual property rights in
and to this website, and that the unauthorized use thereof is
expressly prohibited. The word or mark "Council for Medical
Schemes", and "CMS", however represented, including stylized
representation, all associated logos and symbols and
combinations of any of the a foregoing with another word or
mark, used on this site, are the trademarks of the Council for
Medical Schemes.
6. Password
You
shall keep your password secure and warrant that no other
person shall use the Services utilizing your password, and you
acknowledge further that you are responsible for ensuring that
no unauthorized access to the Services is obtained using your
password, and that you will be liable for all such activities
conducted pursuant to such use, whether authorized or
not.
7. Termination and Variation
We
reserve the right to terminate the Services to you in
particular, or to the public in general, without notice or
reason, or to revise these terms and conditions at any time.
Such changes will be posted on this website and be deemed to
have been accepted by you if you continue using the Services.
The obligation therefore is on you to review these terms and
conditions at regular intervals.
8. General
8.1
These terms and conditions will be governed by and construed
in accordance with the laws of South Africa.
8.2
These terms and conditions are severable, in that if any
provision is determined to be illegal or unenforceable by any
court of competent jurisdiction, then such provision shall be
deemed to have been deleted without affecting the remaining
provisions of the terms and conditions.
8.3 Our
failure to exercise any particular rights or provision of
these terms and conditions shall not constitute a waiver of
such right or provision, unless acknowledged and agreed to by
us in writing.
8.4
These terms and conditions, as varied by us from time to time
pursuant to clause 7, above constitute the sole agreement
between yourself and
ourselves.
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