Please
read these Terms and Conditions of Use carefully before using the App.
1.
Definitions
In these Terms and Conditions of Use, the terms below have the following
meanings:
1.1.
“Neuberg Global Laboratories
Apps” means any online application software that is provided by or is connected with Neuberg
Global Laboratories that you install or download from
an online application store and access via a mobile device, including any
smartphone and/or tablet device.
1.2.
“App” means
collectively our Neuberg Global
Laboratories Apps.
1.3.
“we”, “us”,
“our”
and “Neuberg Global Laboratories”
means Neuberg Global Laboratories SA PTY LTD,
all its affiliates and subsidiaries and any developers that Neuberg Global Laboratories
may employ from time to time.
1.4.
“you” and “your”
means the user of the App and / or your legal guardian.
1.5.
“personal information”
means information relating to an identifiable, living, natural person, and
where it is applicable, an identifiable, existing juristic person, including,
but not limited to:
1.5.1.
information relating to the race,
gender, sex, pregnancy, marital status, national, ethnic or social origin,
colour, sexual orientation, age, physical or mental health, well-being,
disability, religion, conscience, belief, culture, language and birth of the person;
1.5.2.
information relating to the
education or the medical, financial, criminal or employment history of the person;
1.5.3.
any identifying number, symbol,
email address, physical address, telephone number, location information, online
identifier or other particular assignment to the person;
1.5.4.
the biometric information of the person;
1.5.5.
the personal opinions, views or
preferences of the person;
1.5.6.
correspondence sent by the person
that is implicitly or explicitly of a private or confidential nature or further
correspondence that would reveal the contents of the original correspondence;
1.5.7.
the views or opinions of another
individual about the person; and
1.5.8.
the name of the person if it
appears with other personal information relating to the person or if the
disclosure of the name itself would reveal information about the person;
provided that such information is not in the public domain in the
same or in a different format or held by a public body and publicly accessible.
2.
Conditions of Access
2.1.
Your access to, and use of, the App
is subject always to our Community Standards, Privacy Policy, and Terms and
Conditions of Use.
2.2.
To avoid any confusion, you agree
these Terms and Conditions of Use applies to your use of:
2.2.1.
any of our mobile application/s;
2.2.2.
any mobile application/s licensed
to us;
Regardless of the platform, gateway, portal or mode of access you
use to install, download or access the App. Your cell phone provider may,
depending on the type of contract you have, charge you for accessing the App or
for any usage of the App (such as data charges, SMS charges). We cannot be held
responsible for these charges.
3.
Your Acceptance and Consent
3.1.
By using the App, you expressly
agree to the terms and conditions of these Terms and Conditions of Use. If you
do not agree to all of the Terms and Conditions of
Use, please do not continue to use the App.
3.2.
When you install or download our
mobile application/s, you may be required to accept the Terms and Conditions of
Use or the End User Licence Agreement (collectively, an “EULA”) of a
third-party supplier or vendor. While the EULA is independent from these Terms
and Conditions and establishes a separate legal relationship which you are
bound by, you agree that, the EULA is part of these
Terms and Conditions of Use and will apply to your use of our mobile
application/s.
3.3.
You agree that these Terms and
Conditions of Use applies to any information accessed via the App, and to all
sections of the App.
3.4.
If you download or use our App,
you give us permission to download and install updates to the software where
available.
4.
Your account
4.1.
If you use the App, you must keep
your access details (including your username and password) confidential and not
allow other people to use it. You also accept full responsibility for all
activities that occur under your access details or password and accept
responsibility for sharing your username and password.
4.2.
You are only permitted to use one
account. If you use more than one account, we could delete all access.
4.3.
Once you’ve logged onto the App
once, certain information, functionality and other features of the App will be
accessible the next time you access the App without having to re-enter your
password.
4.4.
We may refuse to provide products
and/or services to you if we are unable to verify any information that you
provide to us.
4.5.
You agree that the following
actions shall be material breaches of these Terms and Conditions of Use:
4.5.1.
signing in as, or pretending to
be, another person;
4.5.2.
transmitting material that
violates, or could violate, the intellectual property rights of others or the
privacy of others
4.5.3.
using interactive services in a
way that is intended to harm, or could result in harm to you or to other users
of the App; or
4.5.4.
gathering information about others
without obtaining their prior written consent.
4.6.
If we determine that you have
clearly, seriously or repeatedly breached our Terms or
Policies, including in particular our Community Standards, we may suspend or
permanently disable access to your account. We may also suspend or disable your
account if you repeatedly infringe other people’s intellectual property rights
or where we are required to do so for legal reasons.
4.7.
You also agree that any use of
your access details shall be regarded as if you were the person using such
information.
4.8.
We may determine certain
requirements that you will need to meet when choosing a username or
password. These requirements may be changed from time to time and you may be required to update your credentials.
5.
Full disclosure of all relevant
facts and benefit entitlement
5.1.
We might need certain personal
information from you. It is in your best interest to keep this information
current and accurate.
5.2.
You guarantee that all information
provided by you at any time to us on or via the App, will be true, accurate,
current and correct and you undertake to update the information as and when
required.
5.3.
You guarantee that you have fully
disclosed all facts, and agree that these Terms and
Conditions of Use or any transactions related to these Terms and Conditions of
Use will be void if you do not meet this requirement.
6.
Electronic communication and
records
6.1.
When you visit the App or send
emails to us, you accept that we can communicate with you electronically. All
records that you send to us may be stored electronically and with third
parties, although these third parties are bound by the strictest levels of
confidentiality. These electronic records shall be proof of the records, unless
you can prove otherwise.
6.2.
Any electronic communication (for
example, an email, app message, instant message or SMS) sent to you will be
regarded to have been received by you upon being sent by us. This includes, but is not limited to mobile push notifications.
6.3.
If you are a registered user of
the App, you may receive communications from us via email. If you do not want
to receive emails from us, you can email us at the information provided at the
end of these Terms and Conditions of Use.
6.4.
We take reasonable steps to
protect your personal information and maintain confidentiality, including the
use of encryption technology. However, we cannot guarantee the security or
integrity of any information you transmit to us online and you agree that you
do this at your own risk.
6.5.
You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically meet any legal requirement that the communications be in
writing.
7.
How
our services and products paid for
7.1. We
don’t charge you to use the other products and services covered by these Terms.
Instead, businesses and organizations pay us to show you ads for their products
and services. By using our Products, you agree that we can show you ads that we
think will be relevant to you and your interests. We may use your personal
information to help determine which ads to show you.
7.2. We
don’t share information that directly identifies you (such as your name, email
address or other contact information) with advertisers unless you give us
specific permission.
7.3. Advertisers
may tell us things like the kind of audience they want to see their ads, and we
show those ads to people who may be interested.
7.4. We
provide advertisers with reports about the performance of their ads that help
them understand how people are interacting with their content. For example, we
provide general demographic and interest information to advertisers to help
them better understand their audience. We don’t share information that directly
identifies you (information such as your name or email address that by itself
can be used to contact you or identifies who you are) unless you give us
specific permission.
8.
Copyright
8.1.
All content made available on the
App (for example, text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software) belongs to us, unless we
expressly state that it is not and is protected by South African and
international law. In addition, the compilation of all content on the App is
the exclusive property of us and is protected by South African and
international copyright laws.
8.2.
Except if permitted under this or
another agreement with us no portion of the App may be copied or transmitted
via any means available now or in the future.
8.3.
Any unauthorised use, alteration
or dissemination of the information or content on the App is prohibited.
8.4.
You agree that if you breach the
terms of this clause 8, we will have the right to claim damages against you,
which will include the right to claim special, incidental, consequential or
indirect damages. We will also be allowed to claim for loss of profits and loss
of business and will also be allowed to recover all legal costs on a scale as
between attorney and own client.
8.5.
Nothing on the App should be
regarded as granting any licence or right to use any trademark without our
prior written permission and/or that of any third party.
8.6.
We try to ensure that technology
protects the information on the App. However, we cannot be held
responsible for any consequences that may result from the unlawful breach of
copyright or unlawful dissemination of information by third parties copying
information off the App. If you suspect a breach or where a breach may
have taken place and this comes to your knowledge, please contact us as soon as
possible so that we can address the problem.
9.
User
content
9.1. In
these Terms and Conditions of Use, “your content” means material (including
without limitation text, images, audio material, video material and
audio-visual material) that you submit to our App, for whatever purpose.
9.2. You
grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to
use, reproduce, adapt, publish, translate and distribute your content in any
existing or future media.
9.3. You
also grant to us the right to sub-license these rights, and the right to bring
an action for infringement of these rights.
9.4. You
warrant and represent that your content will comply with these Terms and
Conditions of Use. Your content must not be illegal or unlawful, must not
infringe any third party's legal rights, and must not be capable of giving rise
to legal action whether against you or us or a third party (in each case under
any applicable law).
9.5. Your
content (and its publication on our App) must not:
9.5.1.
be
libellous or maliciously false;
9.5.2.
be
obscene or indecent;
9.5.3.
infringe
any copyright, moral right, database right, trademark right, design right,
right in passing off, or other intellectual property right;
9.5.4.
infringe
any right of confidence, right of privacy, or right under data protection legislation;
9.5.5.
constitute
negligent advice or contain any negligent statement;
9.5.6.
constitute
an incitement to commit a crime;
9.5.7.
be
in contempt of any court, or in breach of any court order;
9.5.8.
be
in breach of racial or religious hatred or discrimination legislation;
9.5.9.
be
blasphemous;
9.5.10. be
in breach of official secrets legislation;
9.5.11. be
in breach of any contractual obligation owed to any person;
9.5.12. depict
violence in an explicit, graphic or gratuitous manner;
9.5.13. be
pornographic or sexually explicit;
9.5.14. be
untrue, false, inaccurate or misleading;
9.5.15. consist
of or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage;
9.5.16. constitute
spam;
9.5.17. be
offensive, deceptive, threatening, abusive, harassing, or menacing, hateful,
discriminatory or inflammatory; or
9.5.18. cause
annoyance, inconvenience or needless anxiety to any person.
9.6. Your
content must be appropriate, civil, tasteful and accord with generally accepted
standards of etiquette and behaviour on the internet. You must not use our App
to link to any web page or application consisting of or containing material
that would, were it posted on our App, breach the provisions of these Terms.
9.7. You
may not upload viruses or malicious code or do anything that could disable,
overburden, or impair the proper working or appearance of our App.
9.8. You
may not access or collect data from our App using automated means (without our
prior permission) or attempt to access data you do not have permission to
access.
9.9. You
must not submit any user content to the App that is or has ever been the
subject of any threatened or actual legal proceedings or other similar
complaint.
9.10. We
reserve the right to edit or remove any material submitted to our App, or
stored on our servers, or hosted or published upon our App.
9.11. Notwithstanding
our rights under these Terms in relation to user content, we do not undertake
to monitor the submission of such content to, or the publication of such
content on, our App.
9.12. You
understand that by using the Services, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabelled or are otherwise deceptive. All Content is
the sole responsibility of the person who originated such Content.
9.13. If
you become aware of any content on the App that breaches these Terms, please
notify us immediately.
10.
Competitions
10.1. From
time to time we may run competitions, free prize draws
and/or other promotions on our App. These will be subject to separate terms and
conditions (that we will make available to you as appropriate).
11.
Phishing and spoofing
11.1.
If you receive an unsolicited
electronic communication that appears to be from us and that requests you to
provide personal information (such as your credit card number, user name, or password), or that asks you to verify or
confirm your information by clicking on a link, it is most likely that the
communication was sent by a "phisher" or "spoofer."
11.2.
We will never ask for this type of
information, and we strongly recommend that you do not respond
to these communications and that you do not click
on the link. Responding to “phishing” places you and your personal information
at risk. We cannot be responsible for any consequences resulting from your
response to any communication sent by a “phisher” or a “spoofer”.
12.
Linking to third-party websites
and applications
12.1.
The mobile application/s may
contain certain images and links to other third-party websites and/or
applications with information, content or material produced by other parties.
These linked third-party websites and/or applications are not under the control
of us and we are not responsible for the information,
content or material on any linked website and/or application, including, any
link contained in a linked website and/or application, or any changes or
updates to a linked website and/or application.
12.2.
We are providing these links to
you only as a convenience, and you agree that the inclusion of links does not
imply an endorsement by us of the linked website and/or application, their
business or security practices, or any association with its operators.
12.3.
From time to time
we may employ the services of third parties to assist with the hosting and
management of certain services and aspects of the App. We apply every effort to
ensure that our sub-contractors comply with our Privacy Policy and widely
accepted security standards and they will be
accountable for any non-compliance.
12.4.
Should you have any queries
arising from transactions you conclude with such third parties, you will be
required to contact them directly.
13.
Disclaimer
13.1.
The App and all information, content,
tools and materials are provided by us on an “as is” and “and available” basis,
unless we inform you in writing.
13.2.
We do not guarantee the operation
of the App or the information, content, tools or materials on the App. You
agree that you use the App at your own risk.
13.3.
We do not guarantee that
13.3.1.
the App;
13.3.2.
the information, content, tools or
materials included on the App;
13.3.3.
our servers; or
13.3.4.
that any electronic communications
sent by us are free from viruses or other harmful components.
13.4.
We will not be liable for any
damages of any kind arising from your use of the App or from any information,
content, tools or materials included on or otherwise made available to you
through the App, including for direct, incidental, punitive and/or
consequential damages.
13.5.
We are committed to providing you
with the best possible service. However, we are not responsible for:
13.5.1.
any interrupted, delayed or failed
transmission, storage or delivery of information due to a power failure,
equipment or software malfunction, natural disasters, fire, labour unrest, or
any other cause beyond our reasonable control; or
13.5.2.
any inaccurate, incomplete or
inadequate information obtained from the App supplied by you.
13.6.
Neither will we be responsible for
any direct or indirect loss or damages that may arise from:
13.6.1.
any of the events described in
this paragraph or the paragraphs above;
13.6.2.
your actions or omissions that
result in a breach of these Terms and Conditions of Use;
13.6.3.
any links to other website and/or
applications from the App. You also acknowledge that we cannot control the
content of or the products offered on those website
and/or applications;
13.6.4.
a denial of access to the App
should we believe or have reason to believe that you are conducting activities
that are illegal, abusive, would attack the integrity of the App or put us in
disrepute; or
13.6.5.
your reliance on any of the
information, content, tools or materials that you obtain from the App.
13.7.
It is very important that you acknowledge
and understand that the information included on the App should
not to be regarded as either advice or an intermediary service in terms
of the Financial Advisory and Intermediary Services Act of 2002. Please consult
with your financial adviser should you require any financial services or
financial products.
14.
Indemnity
14.1.
While we make every effort to
ensure that the content and information on the App is complete, accurate and up
to date, we make no guarantee about the suitability of the products and
services on the App or whether they are complete accurate or appropriate.
14.2.
You agree to fully indemnify us,
our directors, and employees, and will not hold us responsible for any claim
relating to your use of the App.
14.3.
You agree to fully indemnify us,
our directors and employees, from any errors or inaccuracies or incomplete
information made available by third parties (including healthcare
professionals, advisors and/or experts) on the App and agree that,
we will not be liable for any loss or damages, including direct, indirect and
consequential loss, that may arise from any disclosure to or by any third
parties.
14.4.
You agree that all information,
including products and services or any terms or conditions relating to them, on
the App may change. We will notify you of the important changes within a
reasonable time.
14.5.
You agree that any calculations
made on the App are estimates and are meant as guidelines only.
14.6.
We are not responsible for any
mistakes in the performance of any calculators or interactive tools used in the
calculations.
14.7.
All products and services provided
on the App are subject to confirmation, and any terms or conditions relating to
them, at the time of finalising any transactions.
14.8.
You accept that some of the
information, content, tools or materials on the App come from external sources,
and you agree that we are not responsible, and will not be held liable, for any
information or content, received from these external sources.
15.
Assignment
15.1. You
hereby agree that we may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these Terms and
Conditions of Use. You may not transfer, sub-contract or otherwise deal with
your rights and/or obligations under these Terms and Conditions of Use without
obtaining our prior written consent.
16.
Applicable law
16.1.
By accessing and using the App,
you agree that the laws of the Republic of South Africa will govern these Terms
and Conditions of Use, and you consent to the jurisdiction of the South African
courts in respect of any dispute which may arise from these Terms and
Conditions of Use.
17.
Changes to these Terms and
Conditions of Use
17.1.
We may change the terms and
conditions of these Terms and Conditions of Use from time to time. We recommend
that you familiarise yourself with these Terms and Conditions of Use regularly.
17.2.
The current version of these Terms
and Conditions of Use will apply each time that you access and use the App.
18.
General Provisions
18.1.
The headings of the clauses in
these Terms and Conditions of Use is provided for convenience
and ease of reference only, and will not be used to interpret, modify or
amplify these Terms and Conditions of Use.
18.2.
If any provision of these Terms
and Conditions of Use is held to be illegal, invalid or unenforceable, that illegality,
invalidity or unenforceability shall not affect the other provisions of these
Terms and Conditions of Use.
18.3.
No failure or delay by us to
exercise any of its rights will be regarded as a waiver of its rights, nor
will it affect the validity of any part of these Terms and Conditions of Use.
19. Our
details
19.1.
This App is owned and operated by Neuberg Global Laboratories SA PTY LTD.
19.2.
We are registered in South Africa under registration number 2016/243301/07 and our
registered office is at 11 Dan Pienaar
Drive, Amanzimtoti, South Africa, 4126.
19.3.
Our principal
place of business is at 11 Dan Pienaar Drive, Amanzimtoti, South Africa,
4126
19.4.
You can contact us:
19.4.1.
via the app;
19.4.2.
by email, using info@neubergglobal.com
19.4.3.
by post, to 11
Dan Pienaar Drive, Amanzimtoti, South Africa, 4126.