Terms & Conditions
Acceptance of these terms and conditions, Fine Healthcare Strategic Marketing Services (Pty) Ltd, [referred to as FHC Strategic Marketing Service (Pty) Ltd] shall permit use of the Service (as defined below) subject to these terms and conditions ("the Terms and Conditions"). By continuing to use the Service in any way, you agree that you have read, understood and accept all the Terms and Conditions unconditionally. You must not continue to use the Service if you do not understand or agree to the Terms and Conditions. It should be noted that the use of different parts of this Website ("this Site"), currently located at the url's www.finehealthcare.co.za and www.finehealthcare.com, may be subject to additional terms and conditions as indicated on that part of this Site.
The Service
"Fine Material Proofing" is a service ("the Service") which is made available by Fine Healthcare. Through the use of the Service registered users are able to review existing advertising material.
How to register
In order to use the Service, you must apply to do so by accessing this Site, accepting the Terms and Conditions and completing the registration form.
Your username and password
When you first register to use the Service, you will be required to select a username and password. This username and password must be provided by you whenever you subsequently wish to use the Service.
You shall be responsible for maintaining the confidentiality of your password and shall notify the relevant network immediately in writing if the confidentiality of your password has or may have been compromised.
You accept liability arising from all transactions which are conducted by means of the Service where your password was provided. FHC Strategic Marketing Services (Pty) Ltd will assume that you have authorised all transactions which are conducted through the use of your password and these transactions will be deemed to have been performed by you. Fine Healthcare Strategic Marketing Services (Pty) Ltd will not be required to enquire into the authority of any person who uses your password.
When we are liable and when you are liable
FHC Strategic Marketing Services (Pty) Ltd shall not be responsible for any injury, loss, liability, claim or damage of any kind (collectively and individually referred to as "Liability") suffered or incurred by you or any user of the Service which results from or relates to the Service, the Terms and Conditions, your access to this Site, utilisation of the Service or reliance on any information contained on this Site, unless this injury, loss, claim or damage is proved to have been caused by an intentional act or the gross negligence of Fine Healthcare Strategic Marketing Service (Pty) Ltd.
You hereby indemnify Fine Healthcare Strategic Marketing Service (Pty) Ltd Service (and their respective employees, agents and sub-contractors) involved in the provision of the service against any Liability which may be suffered as a result of or relating to any intentional or negligent act or omission by you or as a result of your breach of the Terms and Conditions.
Without limiting what is stated above, Fine Healthcare Strategic Marketing Service (Pty) Ltd will not be responsible and our liability is excluded for:
any Liability arising directly or indirectly out of any viruses, trojan horses, destructive materials or any other data, code or computer programme which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network, mobile phone or your hardware or software and/or which may be contained in, or obtained from the Service or from any e-mail or electronic communication between you and Fine Healthcare Strategic Marketing Service (Pty) Ltd or third parties;
the unavailability of this Site or the Service for any reason;
any loss of connectivity between you and Fine Healthcare Strategic Marketing Service (Pty) Ltd or any failure of, malfunction or defect of any nature in this Site or of the Internet; or
any circumstances beyond Fine Healthcare Strategic Marketing Service (Pty) Ltd control.
Without in any way limiting the exclusions set out above, our liability for any Liability sustained from any cause whatsoever, including (without limitation) any Liability arising out of Fine Healthcare Strategic Marketing Service (Pty) Ltd negligence or conduct or that of its employees, agents or sub-contractors or of network or service providers involved in the provision of the Service, shall be limited to an amount equal to the total amount of payments by you for the Service in the 6 months immediately preceeding the date upon which your alleged cause of action or claim arose.
Notwithstanding any other provision of those Terms and Conditions, neither Fine Healthcare Strategic Marketing Service (Pty) Ltd shall be liable to you in any circumstances for any indirect, contingent or consequential loss (including, but without being limited to, loss of revenue, loss of business or loss of profits) sustained or incurred by you, howsoever arising.
Terminating or suspending your use of the Service
Your use of the Services may be terminated by Fine Healthcare Strategic Marketing Service (Pty) Ltd in our sole discretion, due to:
any behaviour or conduct on your part which we in our sole discretion regard as inappropriate and/or as misconduct;
any breach of the Terms and Conditions by you;
any fraudulent or unlawful conduct related to your use of the Service.
Notwithstanding the above, Airborn may terminate, change, suspend, or discontinue the Service or your use of the Service, including the availability of any features of the Service, at any time. In the event of termination of the Service or of your use of the Service by us for reasons other than those contained in clause 7.1, we shall provide you with a notice period of not less than 30 days.
You may choose to terminate your use of the Service at any time.
Limitations on your use of the Service
You must ensure that your use of the Service complies with all applicable laws and regulations.
You may not use the Service for any of the following purposes or in any of the following manners:
to intercept any communications not intended for you;
to release, post, distribute or execute any viruses, destructive materials or other harmful computer code;
to transmit any content that infringes any patent, trademark, trade secret, copyright, or other rights of any party;
to "hack", "crack", "flame" or "spoof"; or
to participate in any unlawful activities
You will not interfere with or jeopardise the functionality or the operation of any part of the Service or attempt to interfere with or jeopardise the functionality or operation of any part of the Service.
You will not, and you will not permit or assist any person to, copy; tamper with; reverse engineer; decompile; disassemble; re-write and/or re-engineer any part of the Service, computer programme or application used in, or provided as part of, the Service.
You are not entitled to provide a link from any Web site to the Service without our written permission. You are also not permitted to "deep link" to this Site or to "frame" any part of this Site.
Important exclusions of warranties and representations
The Service is made available "as is". Due to the nature of the Service and the nature of the medium of the Internet and telecommunications facilities and the inherent difficulties associated with the transmission, exchange and storage of electronic information:
Fine Healthcare Strategic Marketing Service (Pty) Ltd does not make any representations nor do we give any warranty or guarantee of any nature whatsoever, whether express or implied, in respect of the Service, this Site, our computer network, computer system, hardware, software or server computers, or their suitability for any purpose, whether that purpose is notified to us or not;
without derogating from the generality of the aforegoing, Fine Healthcare Strategic Marketing Service (Pty) Ltd does not warrant or guarantee that the Service or this Site will be operational and available at any particular time during a certain period .
Without limitation, Fine Healthcare Strategic Marketing Service (Pty) Ltd does not guarantee that the Service offered by us:
will be preserved or sustained in its entirety;
will be suitable for any purpose, including but not limited to a purpose for which you intend to utilise the Service or this Site; or
will be free of inaccuracies, errors, defects, bugs or viruses of any kind.
Fine Healthcare Strategic Marketing Service (Pty) Ltd does not endorse and are not responsible or liable for the contents, maintenance of, or activities conducted on, any Web site to which the Service provides a link.
Despite the fact that the Service may refer to or provide links to other Web sites, your use of such other Web sites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Web sites or your reliance on any information contained in such other Web sites.
Intellectual property
Subject to what is stated below, all right, title and interest relating to copyright, trade mark, patents and trade names and any other proprietary rights, whether registered or unregistered and however embodied, in or related to the Service or this Site ("the Intellectual Property"), shall vest in Fine Healthcare Strategic Marketing Service (Pty) Ltd.
You agree not to challenge Fine Healthcare Strategic Marketing Service (Pty) Ltd 's right, title or interest in the Intellectual Property or to use or exploit the Intellectual Property in any way unless you have been given prior written consent by Fine Healthcare Strategic Marketing Service (Pty) Ltd.
You acknowledge that the Service may include material or content which is owned by third parties and/or the rights in which vest in third parties. You may not use, copy, exploit or publish any aspect of the Service, without the prior written consent of the owner of the rights therein.
Your information
Your use of the Service shall be governed by our Privacy Statement.
You will be solely responsible for the accuracy and suitability of all data and information provided at any time by you and you must notify us in writing immediately if any information provided by you to Fine Healthcare Strategic Marketing Service (Pty) Ltd changes or is incorrect.
Miscellaneous issues
Other terms and conditions which apply to you
All terms of use, terms and conditions, disclaimers and privacy policies which may be displayed on this Site form part of the Terms and Conditions and you will be required to comply with the provisions of these terms of use, terms and conditions and disclaimers.
Varying the Terms and Conditions
Fine Healthcare Strategic Marketing Service (Pty) Ltd shall be entitled to vary the Terms and Conditions without notice and in our sole discretion. Any changes will be displayed on this Site and should you continue to use the Service, you will be deemed to have accepted the changes.
You may not alter the Terms and Conditions without our written consent.
The status of illegal, invalid or unenforceable terms
If any provision of the Terms and Conditions is or becomes illegal, invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue unaffected.
This is the entire agreement
The Terms and Conditions constitute the whole agreement between the parties with regard to the subject matter hereof, and you waive the right to rely on any alleged provision not contained in the Terms and Conditions.
Authorisation needed to transfer rights and obligations
You shall not cede any of your rights or delegate any of your obligations without Fine Healthcare Strategic Marketing Service (Pty) Ltd's prior written consent. We shall be entitled, without notice to you, to cede all or any of our rights and/or assign all or any of our obligations.
Leniency does not invalidate rights
No relaxation or indulgence which Fine Healthcare Strategic Marketing Service (Pty) Ltd may grant to you shall be deemed to be a waiver of any of our rights in terms of these Terms and Conditions.
Governing law and dispute resolution
The validity and interpretation of the Terms and Conditions will be governed by the law of the Republic of South Africa.
Any disputes arising from or relating to the Service, the use of the Service or the Terms and Conditions, shall be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa.
Notwithstanding the provisions of clause above either party will be entitled to approach a South African court for urgent relief if necessary, pending the resolution of the dispute by way of arbitration in terms of the clause above.
How to read and understand the Terms and Conditions
Headings are inserted for convenience only and will not be used in the interpretation or affect the construction of the Terms and Conditions.
Words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings.
Any reference to the singular includes the plural and vice versa and any words importing the masculine gender shall include the remaining two genders.
Any reference to natural persons includes legal persons and vice versa.
Any reference to "we", "our" or "us" shall mean a reference to Fine Healthcare Strategic Marketing Service (Pty) Ltd
Disclaimer
Should we knowingly execute or omit to complete any action, then in such event the spirit of the policy will be upon proper notification thereof to take steps to rectify the position.
