TERMS OF USE
1. General
1.1
All terms and conditions that have been referred
to herein regulate the relationship between Humaniti Proprietary Limited ('Humaniti')
and the users of the Humaniti Website ('Humaniti Website'). These Terms of Use ("Terms") govern the access or
use by you, an individual, of applications, websites, content, products, and
services (the "Services") made available by Humaniti, a private
entity facilitating connections between patients and independent healthcare
professionals. Humaniti is registered in the Republic of South Africa with its
principal offices at 22 1st Avenue Houghton Estate Johannesburg 2198 .
1.2
PLEASE READ THESE TERMS CAREFULLY BEFORE
ACCESSING OR USING THE SERVICES.
1.3
Your access and use of the Services constitutes
your agreement to be bound by these Terms, which establishes a contractual
relationship between you and Humaniti. If you do not agree to these Terms, you
may not access or use the Services. These Terms expressly supersede prior
agreements or arrangements with you. Humaniti may terminate these Terms or any
Services with respect to you or generally cease offering or deny access to the
Services or any portion thereof at any time for any reason.
1.4
Supplemental terms may apply to certain
Services, such as policies for promotions, and will be disclosed in connection
with the applicable Services. Supplemental terms are in addition to, and shall prevail over these Terms in the event of a
conflict with respect to the applicable Services.
1.5
Humaniti may amend these Terms from time to
time. Amendments will be effective upon posting the updated Terms on Humaniti's
website or app. Your continued use of the Services after such posting
constitutes your consent to be bound by the amended Terms.
1.6
Our collection and use of personal information
in connection with the Services is governed by Humaniti's Privacy Policy,
accessible at www.humaniti.app .
1.1
These Terms and Conditions contain provisions
that appear in similar text and style to this clause and which '
1.1.1
may limit the risk or liability of Humaniti or a
third party; and/or
1.1.2
may create risk or liability for the user;
and/or
1.1.3
may compel the user to indemnify (make good) the
losses suffered or incurred by Humaniti or a third party; and/or
1.1.4
serves as an acknowledgement, by the user, of a
fact.
1.2
The user's attention is drawn to these Terms and
Conditions because they are important and should be carefully noted.
1.3
If there is any provision in this document that
the user does not fully understand, the user should ask Humaniti to explain it
before accepting it.
1.4
Nothing in these Terms and Conditions is
intended or must be understood to unlawfully restrict, limit or avoid any right
or obligation, as the case may be, created for either
the user or Humaniti in terms of the Consumer Protection Act, 2008.
1.5
By using the Humaniti Website, the user
acknowledges that his/her rights and obligations with respect to the Humaniti Solutions
and Humaniti Website are governed by these Terms and Conditions and agrees to
be bound by them. Should the user not accept these Terms and Conditions, the
user will not be able to register as a user of the Humaniti Website and will
not be afforded access to, or use of, the Humaniti Solutions.
1.6
By using the Humaniti Website, you acknowledge
that you have read, understand, and accept all terms and conditions contained
herein, and our Privacy
Policy. If you do not agree to be bound by these terms, you are not
authorized to access or use this webb application. In such event you must exit
this Application.
1.7
You agree that information provided by you in
connection with the Humaniti Website will be governed by the Privacy
Policy. It is hereby incorporated and made a part of this
Agreement. You agree that information provided by you in connection with the
clinical services provided by Providers is also be governed by the Providers Notice of
Privacy Practices, as applicable, hereby incorporated and made a
part of this Agreement.
2. Interpretation
2.1
The following terms shall have the corresponding
meanings assigned to them and cognate expressions bear corresponding meanings:
2.1.1
'Content' means the entire content of the Humaniti
Website; and
2.1.2
'Intellectual Property' means any know-how (not
in the public domain), invention (whether patented or not), design, trademark
(whether or not registered), or copyright material (whether or not registered),
processes, process methodology (whether patented or not), and all other
identical or similar intellectual property as may exist anywhere in the world
which is not in the public domain and any applications for registration of such
intellectual property.
2.2
Clause headings and the heading of these Terms
and Conditions are for convenience only and are not to be used in its
interpretation.
2.3
No term or provision contained in these Terms
and Conditions is to be interpreted or construed so as to
exclude any rights granted by Chapter VII of the Electronic Communications and
Transactions Act, 2002 to any natural person who enters or intends entering into an electronic transaction with Humaniti on
this Humaniti Website.
3. Services
3.1
The Services constitute a technology platform
that enables users of Humaniti's website or website (each, an
"Application") to arrange and schedule non-emergency healthcare
consultations with independent third-party healthcare professionals
("Healthcare Professionals"). Unless otherwise agreed by Humaniti in
a separate written agreement, the Services are made available solely for your
personal, non-commercial use.
3.2
The Services are strictly limited to
non-emergency healthcare consultations. Major trauma, strokes, accidents, heart
attacks, or any conditions requiring emergency unit care are expressly
excluded. Patients requiring emergency medical services must directly contact
emergency ambulance providers or other appropriate facilities.
3.3
YOU ACKNOWLEDGE THAT HUMANITI DOES NOT PROVIDE
HEALTHCARE SERVICES OR FUNCTION AS A HEALTHCARE PROVIDER. ALL HEALTHCARE
SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY PROFESSIONALS WHO ARE NOT
EMPLOYED BY HUMANITI.
3.4
To access most aspects of the Services, you must
register for and maintain an active personal user account
("Account"). Account registration requires you to submit accurate
personal information, including a valid payment method (credit or debit card).
You are responsible for all activity under your Account and agree to maintain
its security.
3.5
You may cancel a consultation appointment up to
12 hours before the scheduled time without incurring a cancellation fee.
3.6
Cancellations made within 12 hours of the
scheduled appointment will result in a late cancellation fee of R250, which
will be charged to your payment method on file.
3.7
Charges for consultations will be blocked on
your payment method upon confirmation of the appointment by the Healthcare
Professional. Humaniti facilitates the payment as the Healthcare Professional's
limited collection agent.
3.8
You agree to use the Services only for lawful
purposes and refrain from causing any nuisance, annoyance, or harm to
Healthcare Professionals or other users.
4. No Medical Care
or Advice by Humaniti or The Humaniti Website
4.1
Humaniti operates as a technology platform that
facilitates communication between patients and independent healthcare
providers.
4.2
Neither Humaniti nor the webb application
provides medical advice, diagnosis, or care. The content of the webb
application and the services is for general informational purposes only. This
includes, without limitation, text, audio, video, links, and graphics. The
platform does not constitute professional medical advice, diagnosis, or
recommendations of any kind. Any content displayed or linked on the webb
application is provided by third parties and not Humaniti. Users should consult
qualified healthcare professionals for any medical questions or concerns. No
information provided through the webb application by Humaniti is intended to
create a provider-patient relationship. While the platform facilitates
communication with healthcare providers, Humaniti itself does not provide
medical services. The doctor-patient relationship is exclusively between you
and the healthcare provider.
4.3
Humaniti is a technology platform that
facilitates online communication between patients and independent healthcare
providers using asynchronous telecommunications technologies. The webb
application acts as a medium to enable this communication.
4.4
Humaniti collaborates with independent
healthcare providers who are licensed medical professionals. These healthcare
providers offer clinical telehealth services through the Humaniti platform.
Humaniti provides administrative and business support services to healthcare
providers but does not employ or directly contract with them to provide medical
care. Healthcare providers retain full responsibility for the quality and
appropriateness of the clinical services rendered. Humaniti makes no legal
representations regarding the services offered by healthcare providers or their
compliance with applicable laws and regulations.
4.5
Healthcare providers are independent of Humaniti
and use the platform as a tool to communicate with patients. Any medical
information or advice received from a healthcare provider originates solely
from them and not from Humaniti. Your interactions with healthcare providers
via the platform are not intended to replace your existing or regular
healthcare relationships. Humaniti and its affiliates are not responsible for
any professional advice or information provided by healthcare providers through
the platform. Humaniti does not endorse or recommend specific healthcare
providers, and any reliance on their advice or information is at your own risk.
4.6
Humaniti does not make any representations or
warranties about the qualifications, training, or skill of any healthcare
providers who deliver services via the platform. Healthcare providers are
presented to users based on the information submitted to the platform. It is
the user's responsibility to select their healthcare provider.
4.7
The medical services, treatment, and care you
receive may vary depending on the healthcare provider you choose. For any
questions regarding your care or treatment, please contact your healthcare
provider directly.
4.8
Healthcare Professionals using Humaniti's
platform are required to:
4.8.1
Hold valid licenses and qualifications as
required by applicable law.
4.8.2
Maintain appropriate medico-legal insurance.
4.9
The Healthcare Professional is solely
responsible for diagnosing and treating the patient based on their clinical
expertise. Humaniti does not validate or guarantee the quality or suitability
of the Healthcare Professional.
5. Medical Emergency
5.1
In the event of a medical emergency, please
refrain from utilizing the application. Instead, proceed directly to a hospital
or dial the appropriate emergency number for your current location.
5.2
The Application and its Services are not
intended for addressing medical emergencies or urgent situations. It is
essential not to ignore or postpone seeking medical guidance based on any
information provided within the Application. If you suspect you are facing an
emergency, promptly contact the designated emergency number or visit a hospital
without delay. It is advisable to seek emergency assistance or follow-up care
whenever recommended or necessary.
5.3
Additionally, continue to consult with your
primary healthcare provider as advised. Always seek guidance from a qualified
healthcare professional, such as a physician, regarding any inquiries related
to a medical condition. This includes decisions regarding the initiation,
alteration, or cessation of any treatment or medication.
6. Terms of Use
6.1
This Humaniti Website is provided by Humaniti as
a technology platform that facilitates connections between patients and
independent healthcare providers. By accessing and using the Humaniti Website
and its services ("Humaniti Solutions"), you agree to these Terms and
Conditions without modification. If you do not agree to any provision of these
Terms and Conditions, you may not use the Humaniti Website. The subscription is
registered to the individual user and is non-transferable. The registered user
agrees not to allow third parties to use their subscription or access the Humaniti
Website through their account.
6.2
Humaniti reserves the right, at its sole
discretion, to amend these Terms and Conditions at any time, including by
adding new provisions. Any amendments will become effective immediately upon
posting on the Humaniti Website. Users are encouraged to review the Terms and
Conditions regularly. Continued use of the Humaniti Website constitutes
acceptance of the amended Terms and Conditions.
7.1
Humaniti operates as a technology platform that
facilitates connections between patients and independent healthcare providers.
To simplify the user experience, patients can pay for healthcare services
directly through the Humaniti Website. Upon confirmation of a consultation
appointment, Humaniti will collect the consultation fee from the patient's
designated payment method. This includes any applicable cancellation fees as
specified in these Terms and Conditions.
7.2
Humaniti collects consultation fees on behalf of
healthcare providers and transfers payments to the providers for their
services. Before confirming a purchase, you will be presented with an itemized
invoice detailing the consultation fee, any applicable subscription fees, and
any cancellation fees if relevant.
7.3
We and our payment processors accept Visa and
Master credit and debit cards (your 'payment method'). You authorize Humaniti
or its payment processors to charge your payment method for your transactions.
When making a payment, you will be subject to the terms and conditions of our
payment processor. If you do not agree with these terms, please refrain from
using our payment-required services. Preapproval for the
amount of the payment may be sought from your credit card account.
7.4
You warrant that the payment information you
provide (credit card, debit card, or bank account details) is true, correct,
and complete. You agree to pay all posted charges, including applicable taxes.
You confirm that you are authorized to use the provided payment method. If
payment cannot be secured from your method for any reason, Humaniti may
initiate collection actions, including applying fees as permitted by law. You
agree not to dispute valid charges processed by Humaniti with your payment
method provider.
8. Disclaimer
8.1
THE SERVICES ARE PROVIDED "AS IS" AND
"AS AVAILABLE." HUMANITI DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HUMANITI DOES NOT GUARANTEE THE RELIABILITY OR AVAILABILITY OF THE SERVICES OR
ANY HEALTHCARE PROFESSIONAL'S SUITABILITY OR QUALIFICATIONS.
8.2
HUMANITI SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL
INJURY, ARISING OUT OF OR RELATED TO THE SERVICES OR ANY HEALTHCARE SERVICES
PROVIDED THROUGH THE PLATFORM.
8.3
Indemnity: You agree to indemnify and hold
Humaniti harmless from any claims, liabilities, or expenses arising from:
8.3.1
Your use of the Services.
8.3.2
Healthcare services provided by the Healthcare
Professional.
8.3.3
Your violation of these Terms.
8.4
Without limiting the foregoing, Humaniti does
not warrant that the Humaniti Website and the Services:
8.4.1
will be uninterrupted, timely, secure or free
from errors or other Programme limitations; that any defects or errors will be
corrected; or that the Humaniti Website and the Services or the content, data
or the server that makes them available is free of viruses or other harmful components;
8.4.2
will meet the user's requirements or be
accessible and perform in accordance with your expectations; or
8.4.3
will provide specific results from use of the Humaniti
Website and Services or that the Data that results or that may be obtained from
the use of thereof will be accurate or reliable.
8.5
In no event shall Humaniti be liable for any
special, direct, indirect, consequential, or incidental damages or any damages
whatsoever, whether in an action of contract, negligence or other tort, arising
out of or in connection with the use of the Humaniti Solutions or the contents thereof.
Humaniti reserves the right to make additions, deletions, or modifications to
the contents on the Humaniti Solutions at any time without prior notice.
8.6
This platform is not intended to replace any
medical advice, diagnosis or treatments by your healthcare professional. Please
consult with your healthcare practitioner before following our guidelines.
9.1
In order to access the Humaniti
Solutions, the user must register a user account with Humaniti and provide Humaniti
with all required information. The user will remain responsible for updating
account details and maintaining the confidentiality of the account. Should the
user suspect or become aware of any unauthorised use of or access to the user's
account, it is the user's duty to notify Humaniti immediately and take steps to
prevent unauthorised use of or access to the user's account including but not
limited to changing the user's password.
9.2
By creating the account, the user agrees to be
responsible and liable for all activity and all details provided on the account
as well as to keep passwords confidential.
9.3
The user's account will retain a record of all
transactions on the Humaniti Website (including payments) between the user and Humaniti
in respect of the Services.
9.4
Humaniti reserves the right to terminate a
user's account should the user breach these Terms and Conditions or the Humaniti
Website License Terms.
9.5
The user will notify Humaniti immediately upon
becoming aware of any problem that prevents the user from utilising the user's
account, the Humaniti Website and the Services.
9.6
You may also terminate this Agreement by
deleting the app and all copies thereof from your computer and or smart phone.
10. Electronic
Communications
10.1
When you utilize the webb application or
Services, you are engaging in electronic communication with us. This
encompasses sending communications from your desktop or mobile device. By using
the platform, you consent to receive communications from us electronically.
Additionally, you agree that all agreements and consents can be digitally
signed. Any notices, disclosures, or other communications provided to you
electronically by us are considered to meet any legal requirements for such
notifications.
10.2
Humaniti and/or the Providers may contact you
via telephone, mail, or email to verify your Account information. Further
information may be requested by Humaniti and/or the Providers. You agree to
furnish such additional information to ensure that your account has not been
fraudulently created. Failure to provide this information in the specified
manner within 14 days of the request may result in our right to suspend,
discontinue, or deny your access to and use of the webb application and the Services until the requested information is provided.
11. Consent '
Telephone Calls and Text Messages
11.1
By providing your mobile number, you are
consenting to be contacted by or on behalf of Humaniti at the provided mobile
number. This includes calls and text messages, and standard message and data
rates may apply. You may opt out of receiving these communications by texting
STOP. Please be aware that withdrawing your consent may limit access to certain
features and services within the application. If you choose to stop receiving
text messages, you may miss important information regarding your services.
11.2
Ownership and Usage Rights: All content within
this application, including downloadable materials, are the property of Humaniti,
its licensors, or suppliers.
11.3
Subject to these terms of use and payment of all
applicable fees, Humaniti grants you a revocable, non-transferable (except as
specified below), personal, non-exclusive license to utilize the object code
version of the application. All rights not explicitly granted to you in these
terms are reserved by Humaniti Health, its licensors, suppliers, publishers,
rights holders, or other content providers. The application and its services,
or any portion thereof, may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for commercial purposes without the
express written consent of Humaniti. Framing or utilizing framing techniques to
enclose any proprietary information of Humaniti without express written consent
is prohibited. This includes images, text, page layout, or form. Use of meta
tags or any "hidden text" containing Humaniti's name or trademarks
without express written consent is also prohibited. Misuse of the application
or services is not permitted. You may only use the application and services as
allowed by law. Content from the application or any materials available for use
or download may not be copied, distributed, modified, reproduced, published, or
used, in whole or in part, except for purposes authorized in writing by Humaniti.
Framing or deep linking to any proprietary information of Humaniti without
express written consent is not allowed.
12. Accuracy of
Information
12.1 Humaniti and its
licensors strive to maintain the integrity and accuracy of the website and
Service descriptions. However, we do not guarantee the correctness or accuracy
of the content on the website. Errors may occur, and unauthorized alterations
by third parties are possible. If you notice any inaccuracies, please inform Humaniti
so that corrections can be made promptly. Please note that information on the website
may be subject to change or update without prior notice.
12.2 Humaniti, along
with its affiliated providers, retains full discretion over the operation of
the website and Services. This includes the right to withdraw, suspend, or
discontinue any functionality or feature without liability. We are not liable
for transmission errors, corruption, or compromise of information during
telecommunication. Maintenance of information related to the website or
Services is not our responsibility. We reserve the right to maintain, delete,
or destroy all communications or information posted or uploaded to the website
or Services, in accordance with our internal policies for record retention or
destruction.
13. User Information
13.1 If you provide
any health information, medical history, personal details, or other materials
to Humaniti or the website ("User Information"), you agree to ensure
that such information is accurate, lawful, and does not violate any rights or
contain harmful elements such as viruses. You also agree not to contact other
users of the website without their consent. By providing User Information, you
confirm that you have the legal right to do so.
13.2 Humaniti may
anonymize your information, rendering it no longer personally identifiable.
This de-identified information may be used for statistical analysis, research,
or shared with third parties.
13.3 You agree not to
misuse the website or its services for unlawful purposes. This includes posting
false information, attempting to disrupt the application's function, or
impersonating others. You also agree to defend and indemnify Humaniti, its
licensors, and affiliates against any third-party claims arising from your use
of the application or any breach of these terms.
14. No Provision of
Medical Advice
14.1 The provision of
the Services, Data and Humaniti Website does not constitute 'Health Services'
as defined in the National Health Act, 2003, and
should not be relied upon by the user in the absence of consultation with a
medical practitioner.
14.2 The provision of
the Services and Humaniti Website should not solely be relied on for medical
treatment in the absence of a medical practitioner and should not be considered
complete nor should it be used as a substitute for consulting with a medical
practitioner. Do not use the Services and Humaniti Website in isolation. Should
the user have any concerns, please consult with a medical practitioner.
15. Intellectual
Property Rights
15.1
All Intellectual Property rights, title and
interest in the content, the Humaniti Website vest in Humaniti or its licensors
and will never be transferred to the user. Any suggestions by the user which
are subsequently incorporated into this Humaniti Website remain vested in Humaniti.
15.2
Humaniti reserves all rights not expressly
granted in these Terms and Conditions. The user agrees not to use any
Intellectual Property, other than expressly permitted in these Terms and
Conditions, including but not limited to for any commercial purposes.
15.3
The user shall not alter, disassemble,
decompile, reverse-engineer, adapt, translate or modify the software or any
portion thereof, or otherwise attempt to discover the source of the Humaniti
Website.
16. Links to Other Sites
16.1
This Humaniti Website may contain links to other
sites or services which are not operated by Humaniti. 'Humaniti does not take any responsibility for
such other sites or services. A link to another site or service is not an
endorsement of that site or service nor does Humaniti warrant such services.
The user's use of any of these sites or services is entirely at the user's own
risk.
16.2
The Humaniti Website contains a link to medical
emergency services labelled in the app as 'SOS'. The user undertakes to only
use this service in the event of a serious medical emergency. The user hereby
acknowledges, confirms and agrees that the emergency medical services are
operated by a third party and not by Humaniti. The user confirms acknowledges
and agrees that Humaniti will not assume any responsibility, nor shall Humaniti
be liable for the charges billed by such third-party service provider,
whatsoever or howsoever arising. The user further acknowledges, confirms and
agrees that the said service is a paid for service and that such charges shall
be for the sole account of the user and/or his/her medical aid scheme. Humaniti
shall in no way and under no circumstances whatsoever be liable to the user or
the emergency medical services provider, whether directly or indirectly, for
any costs incurred by the user in the deliberate or accidental use of the
emergency medical services anticipated herein. The user hereby irrevocably and
unconditionally indemnifies Humaniti against any costs and/or fees and/or
charges and or any liability of whatsoever nature that may arise from the use
of the emergency services functionality by the user.
17. Limitation of
Liability
17.1
To the maximum extent permissible by law, in no
event will Humaniti be liable to any party for any direct, indirect,
incidental, special, consequential or punitive damages, arising from or
connected to the use of content, the Humaniti Website and the Services or any
other linked Humaniti Website or service, including without limitation, loss of
profits or revenues, costs, replacement, business interruptions, loss of data
or damages resulting from use of or reliance thereof, even if the user is
expressly advised about the possibility of such damages.
17.2
Humaniti is not liable for any damages,
including without limitation, direct, incidental, consequential, indirect or
punitive damages, arising out of access to, use of or inability to use this Humaniti
Website and the Humaniti Solutions, or any errors or omissions in the content
thereof. This limitation includes but is not limited to damages to, or for any
viruses that infect the user's mobile device, software or data.
17.3
To the maximum extent permissible by law and
notwithstanding anything to the contrary contained in these Terms and
Conditions, the maximum liability of Humaniti, in the aggregate, for all claims
arising from or connected to the provision of the Humaniti Solutions and Humaniti
Website, will not exceed the last consultation fee paid by the user to Humaniti.
18. Indemnity
The user hereby indemnifies
and holds harmless Humaniti and its officers, directors, employees, servants,
agents or contractors or other persons for whom in law Humaniti may be liable, in
whose favour this constitutes a stipulatio alteri (stipulation for
another) from any loss, damage, damages, costs, expenses, legal fees,
liability, claim or demand due to or arising out of the user's breach of these
Terms and Conditions.
19. Force Majeure
19.1
Humaniti shall not be liable for any failure to
fulfil its obligations under the Agreement if and to the extent that such
failure is caused by any circumstances beyond its reasonable control, including
but not limited to natural disasters, labour unrest, government restrictions, network,
internet and related technology failures and acts of God.
19.2
Data Protection - Protection of Personal
Information Act, 14 of 2013 ('POPI').
19.3
In performing its obligations under this
Agreement, Humaniti shall:
19.3.1
comply with the provisions of the prevailing
privacy and data protection legislation governing the collection, use and
processing of personal information as defined in the POPI Act;
19.3.2
not process personal information for any purpose
other than to perform its obligations under this Agreement and ensure that such
processing will not place either party in breach of any applicable privacy and
data protection laws or stated requirements;
19.3.3
only act on the instructions of the disclosing
Party in collecting, processing, and utilising the personal information (and
for avoidance of doubt, this Agreement shall constitute such instructions);
19.3.4
not disclose or otherwise make available the
personal information to any 3rd (third) party other than authorised staff or
sub-contractors who require access to such personal information strictly in
order for the processing party to carry out its obligations pursuant to this
Agreement, and ensure that such staff and any other persons that have access to
the personal information are bound by appropriate and legally binding
confidentiality and non-use obligations in relation to the personal
information;
19.3.5
take appropriate, reasonable technical and
organisational measures to ensure that the integrity and confidentiality of the
Personal Information in its possession or under its control is secure and that
such personal information is protected against accidental loss, destruction,
damage, unlawful access, or processing;
19.3.6
immediately notify the disclosing Party in case
of possible infringements of the applicable data protection legislation, the
terms of this clause or other irregularities by the processing Party, its staff
or any other party acting on behalf of the processing Party in relation to the
disclosing Party's personal information; and
19.3.7
at the disclosing Party's option, return or
destroy the Personal Information once it is no longer required for the purposes
of performing obligations under this Agreement or any directly related purpose.
20. Copyright
Infringement Notice
If you are a copyright owner
or such owner's agent and believe any material on the Humaniti Website constitutes
an infringement on your copyright, please contact us setting forth the
following information: (a) a physical or electronic signature of the copyright
owner or a person authorised to act on his behalf; (b) identification of the
material that is claimed to be infringing; (c) your contact information,
including your address, telephone number, and an email; '(d) a statement by you that you have a good
faith belief that use of the material is not authorised by the copyright
owners; and (e) the a statement that the information in the notification is
accurate, and, under penalty of perjury you are authorised to act on behalf of
the owner.
21. Miscellaneous
21.1
Survival
All disclaimers, limitation
of liability and indemnity provisions in these Terms and Conditions will
survive indefinitely after the expiration or termination of these Terms.
Further, the expiration or termination of these Terms shall not affect such
expiration of the provisions of these Terms which of necessity must continue to
have effect after such expiration or termination, notwithstanding that the
clauses themselves do not expressly provide for this.
21.2
Severability
Any provision in these Terms
and Conditions which is or may become illegal, invalid or unenforceable shall
be ineffective to the extent of such prohibition or unenforceability and shall
be treated pro non scripto (as if it were not written) and severed from these
Terms and Conditions, without invalidating the remaining provisions of these
Terms and Conditions.
21.3
Entire Terms
These Terms and Conditions
constitute the whole agreement between the user and Humaniti relating to the
user's access to and use of the Humaniti Website and the Content.
21.4
Termination
If the user breaches any of
these Terms and Conditions, Humaniti may immediately, terminate the user's use
of and access to the Humaniti Website and Services and/or prohibit future use
of and access thereto and/or take appropriate legal action against the user
(including without limitation, applying for urgent and/or interim relief or
claiming damages), without incurring any liability to the user of any nature
whatsoever and howsoever arising, and all of ''''Humaniti' s rights in this regard are
expressly reserved.
21.5
Waiver
No indulgence, extension of
time, waiver or relaxation of any of the provisions or terms of these Terms and
Conditions which Humaniti may show, grant or allow the user shall operate as an
estoppel against Humaniti in respect of its rights under these Terms and
Conditions nor shall it constitute a waiver by Humaniti of any of Humaniti's
rights and Humaniti shall not thereby be prejudiced or stopped from exercising
any of its rights against the user which may have arisen in the past or which
might arise in the future.
21.6
Governing Law
These Terms and Conditions
will be governed by, construed and interpreted in accordance with the laws of
South Africa. To the extent that a court has jurisdiction over any dispute
which may arise out of or in connection with these Terms and Conditions, Humaniti
and the user both submit to the jurisdiction of the South African High Courts
or such replacement court.
21.7
Termination
21.7.1
Should a user choose to terminate their account,
they may do so at any time by providing Humaniti with notice through the
designated support channels. Termination of the account does not affect any
confirmed consultations already scheduled, and the user remains liable for any
outstanding charges, including cancellation fees if applicable.
21.7.2
Humaniti reserves the right to suspend or
terminate a user's access to the platform at its discretion if the user
violates these Terms and Conditions, including misuse of the platform or
non-payment of fees. Any outstanding amounts will remain due and payable upon
termination.
Effective Date: 1
January 2025
