Terms and Conditions

1.  INTRODUCTION

1.1  This website is accessible at meddirect.co.za and is owned and operated by Maitec (Proprietary) Limited (“Meddirect“, “us“, “we“, “our“).
1.2  These Website Terms and Conditions(“Terms and Conditions”) govern the membership subscription and the use of the Website.
1.3  These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers or subscribed to the website. By accessing and using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4  The Website enables you to upload company details, images, posts/articles and booking online by the business owners(“professional”) and search or make appointments online by the users(“user”).
1.5  We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.

 

2.  PRIVACY POLICY

2.1  MEDDIRECT.CO.ZA shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.
2.2  Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
2.2.1  your name and surname;
2.2.2  your email address;
2.2.3  your physical address;
2.3  Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
2.4  Customer details will be stored by MEDDIRECT.CO.ZA separately from card details which are entered by the client on Payfast’s secure site.  For more detail on Payfast refer to payfast.co.za
2.5  Subject to clause 2.6 below, we will not, without your express consent:
2.5.1  use your personal information for any purpose other than as set out below:
2.5.1.1  in relation to the ordering, sale and delivery of Goods;
2.5.1.2  to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
2.5.1.3  to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
2.5.1.4  to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
2.5.2  disclose your personal information to any third party other than as set out below:
2.5.2.1  to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or Services or when delivering Goods or Services to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
2.5.2.2  to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
2.5.2.3  to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
2.5.2.4  to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
2.5.2.5  to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
2.5.2.6  to any Third Party Seller for purposes of sending you an invoice for any Goods or Services purchased from such Third Party Seller, which disclosed information will be limited to your email address.
2.6  We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
2.7  We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
2.8  We will –
2.8.1  treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
2.8.2  take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
2.8.3  provide you with access to your personal information to view and/or update personal details;
2.8.4  promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
2.8.5  provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
2.8.6  upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
2.9  We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
2.10  Meddirect undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Meddirect is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
2.11  Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
2.12  If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Meddirect, Meddirect SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

 

3.  USE OF THE WEBSITE

3.1  Only registered users may rate, comment, make appointments on the Website.
3.2  To register as a user, simply a unique username and password or and provide certain information and personal details to Meddirect.
3.3  You agree and warrant that your username and password shall:
3.3.1  be used for personal use only; and
3.3.2  not be disclosed by you to any third party.
3.4  For security purposes you agree to enter the correct username and password whenever required, failing which you will be denied access.
3.5  You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for the activities on your account in accordance with these Terms and Conditions.
3.6  You agree to notify Meddirect immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.7  By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3.8  You agree that you will not:
3.8.1  use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful;
3.8.2  in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Meddirect representative;
3.8.3  violate any applicable laws including but not limited to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
3.8.4  violate any applicable posting rules;
3.8.5  post listings that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods, price, delivery and any additional charge;
3.8.6  post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
3.8.7  use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
3.8.8  post any material that is harmful to, harms or could harm minors in any way;
3.8.9  be false or misleading or employ false or misleading advertising practices;
3.8.10  infringe any third-party right;
3.8.11  distribute or contain spam, chain letters, or pyramid schemes;
3.8.12  distribute viruses or any other technologies that may harm Meddirect or the interests or property of Meddirect users;
3.8.13  impose an unreasonable load on our infrastructure or interfere with the proper working of Meddirect;
3.8.14  copy, modify, or distribute any other person’s content without their consent;
3.8.15  harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
3.8.16  use the information available in Meddirect to contact the users or the business owners for any purpose other than for the use of the Services;
3.8.17  in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Meddirect representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.8.18  harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
3.8.19  bypass measures used to prevent or restrict access to Meddirect.
3.9  You agree that you give rights Meddirect to display and use all the contents including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks that is submitted or uploaded by you and you are the lawful or legal owner of such contents.
3.10 The word “Verified” displaying on the professional’s profile does not mean that the qualification or certification of the professional is verified, “Verified” in this instance is to highlight that the listing has gone through an email verification process that is verified by an user.

4.  APPOINTMENTS MADE ONLINE

4.1  Registered users may make an appointment online, which the Professional may accept or reject. Whether or not Professional accepts an appointment depends on the availability.
4.2  NOTE: The Professional will indicate the acceptance of your order by confirmation, and only at that point the appointment is set. This is between you and the Professional, Meddirect is not and will not be involved in anyway.
4.3  Prior to the appointment you may cancel an appointment in accordance with the Professional’s cancellation Policy if any.

 

5.  PAYMENT

5.1  We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
5.2  The membership subscription on Meddirect, payment can be made for subscription fees via –
5.2.1  debit card;
5.2.2  credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to inform the seller to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
5.2.3  direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 24 hours of placing your order. Meddirect will not accept your order if payment has not been received;
5.3  You may contact us via email at [email protected] to obtain a full record of your payment. We will also send you email communications about your order and payment.
5.4  Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

 

6.  MEMBERSHIP SUBSCRIPTION

6.1  Subscription packages are not refundable.
6.2  Subscription packages may be upgraded to a higher package and is to be done by contacting our customer care.

 

7. CHANGES TO THESE TERMS AND CONDITIONS

7.1  Meddirect may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
7.2  Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

8.  ELECTRONIC COMMUNICATIONS

8.1  When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners  electronically in accordance with our privacy policy as set out in clause 2 above.

 

9.  OWNERSHIP AND COPYRIGHT

9.1  The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Meddirect, its advertisers and/or sponsors and/or is licensed to Meddirect.
9.2  You will not acquire any right, title or interest in or to the Website or the Website Content.
9.3  Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at +27 81 214 4226 or e-mail [email protected].
9.4  Where any of the Website Content has been licensed to Meddirect or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

 

10.  DISCLAIMER

10.1  The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
10.2  Whilst Meddirect takes reasonable measures to ensure that the content of the Website is accurate and complete, Meddirect makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Meddirect’s representatives, Meddirect shall not be bound thereby.
10.3  Meddirect disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
10.4  Although Goods sold  and Services offered from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
10.5  Any views or statements made or expressed on the Website are not necessarily the views of Meddirect, its directors, employees and/or agents.
10.6  In addition to the disclaimers contained elsewhere in these Terms and Conditions, Meddirect also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Meddirect, its employees, agents or authorised representatives. Meddirect thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

 

11.  LINKING TO THIRD PARTY WEBSITES

11.1  This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Meddirect is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
11.2  Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites 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 Third Party Websites or your reliance on any information contained thereon.

 

12.  LIMITATION OF LIABILITY

12.1  Meddirect cannot be held liable for any inaccurate information published on the Website, save where such liability arises from the gross negligence or wilful misconduct of Meddirect, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected] or by contacting +27 81 214 4226.
12.2  MEDDIRECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
12.3  YOU HEREBY INDEMNIFY MEDDIRECT AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

13.  AVAILABILITY AND TERMINATION

13.1  We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
13.2  Meddirect may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Meddirect will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
13.3  If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment for any subscription, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
13.4  Meddirect is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Meddirect to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Meddirect, in whole or in part, on notice to you. Meddirect shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
13.5  At any time, you can choose to stop using the Website, with or without notice to Meddirect.

 

14.  GOVERNING LAW AND JURISDICTION

14.1  These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
14.2  In the event of any dispute arising between you and Meddirect, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Kwazulu Natal Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
14.3  Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

15.  NOTICE
15.1  Meddirect hereby selects 1st Floor Liberty Building, 21 Aurora Drive, Umhlanga Rocks, Durban as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Meddirect may change this address from time to time by updating these Terms and Conditions.
15.2  You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Meddirect not less than 7 days’ notice in writing.
15.3  Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
15.3.1  by hand will be deemed to have been received on the date of delivery;
15.3.2  by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
15.3.3  by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
15.3.4  by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
16.  INFORMATION

16.1  For the purposes of the ECT Act, Meddirect’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
16.1.1  Full name: Maitec (Pty) Ltd, a private company registered in South Africa with registration number 2013/103483/07
16.1.2  Main business: IT Company
16.1.3  Physical address for receipt of legal service (also postal and street address): 1st Floor Liberty Building, 21 Aurora Drive, Umhlanga Rocks, Durban (marked for attention: CEO and Legal)
16.1.4  Phone number: +27 81 214 4226
16.1.5  Official email address: [email protected]

 

17.  GENERAL

17.1  Meddirect may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
17.2  You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
17.3  Any failure on the part of you or Meddirect to enforce any right in terms hereof shall not constitute a waiver of that right.
17.4  If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
17.5  No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
17.6  No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
17.7  These Terms and Conditions contain the whole agreement between you and Meddirect and no other warranty or undertaking is valid, unless contained in this document between the parties.