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  1. General

    The following terms and conditions (“Terms of Use“) govern your use of this website (the “Site“). In this Terms of Use, “we”, “us”, “our” and other similar references mean Pure Pharmacy Retail (Pty) Ltd t/a Medicare Health of 95 Yacht Street, Honeydew, Roodepoort, 2040 (“Medicare”) and “you” and “your” and other similar references mean a specific user of this Site.

    By using the Site, you are agreeing to comply with and be legally bound by these Terms of Use and you provide your express consent for your personal information to be dealt with on the terms of the Privacy Policy which can be obtained from our website, www.medicarehealth.co.za .

    If you do not agree to these Terms of Use you must leave the Medicare website immediately, as further use will automatically bind you to these Terms of Use.

  2. Proprietary Rights

    All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to Medicare, 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 Site is the exclusive property of Medicare and is protected by South African and international copyright laws.

    Except if permitted under this or another agreement with Medicare, no portion of the Site may be copied or transmitted via any means available now or in the future.

    Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.

    Nothing on the Site should be regarded as granting any licence or right to use any trade mark, copyright or other proprietary right embodied in the Site without Medicare’s prior written consent and/or that of any relevant third party.

  3. No professional advice

    The Site and content available within it is for informational purposes only. Neither the Site nor the content available within it constitutes professional advice.  Before making any decision or taking any action, you should consult with professional advisers.

  4. Changes to and availability of the Site

    The Site is made available on an “as is” and “as available” basis with no representation or warranty with respect to its functionality or availability and with no guarantee that it is complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from its use.

    While we endeavor to keep the materials on the Site up to date, Medicare cannot assume responsibility for any errors or omissions in these materials. Medicare further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Medicare may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein.

    You acknowledge and accept that use of the Site is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption.

    Access to all or parts of any of the Site may be suspended at any time without notice.

  5. Monitoring

    We may monitor use of the Site from time to time but have no obligation to do so.  If and when we do monitor your use of the Site, we will do so in accordance with applicable law.

  6. Termination

    Medicare reserves the right to suspend, restrict or terminate your use of the Site effective at any time, without notice to you, in the event that you violate these Terms of Use, or for any other reason whatever.

  7. Hyperlinks to other websites

    In certain circumstances, Medicare may provide hyperlinks to other websites not controlled by Medicare. Such hyperlinks do not imply any endorsement, agreement on or support of the content, products and / or services of such websites.

  8. Disclaimer and warranties

    Medicare makes no representations or warranties about the Site and its contents, which are provided to you “as is” and “as available”.  To the maximum extent permitted by law, we exclude all express, implied and statutory warranties regarding the Site, including without limitation, the warranties of merchantability, fitness for purpose, title, and non-infringement. Medicare neither represents nor warrants that the Site and its contents, or software or information downloaded from the Site will be accurate, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components.

  9. Limitation of liability

    Use of this site is entirely at your own risk.

    To the maximum extent permitted by applicable law, Medicare excludes all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Site and any materials you obtain via the Site.

    Medicare is not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Site arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.

    IN NO EVENT WILL MEDICARE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE OR ANY SITE SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF.

  10. Indemnification

    To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold harmless Medicare, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from any content or information posted or transmitted by you using the Site, or otherwise arising out of your use of the Site, or use of the Site by any third party who is given or gains access to the Site due to your action or inaction, or any breach by you of these Terms of Use.

  11. Changes to these Terms of Use

    Medicare may at its sole discretion edit or revise these Terms of Use from time to time. If we make any material revisions to the Terms of Use, we will post a new version of the Terms of Use and change the date at the bottom of the Terms of Use (see below). Any revised version of the Terms of Use will be effective as of the date of posting, so you should refer back to the Site for the latest information. Your continued use of our Site following our posting of a new version of the Terms of Use will constitute your consent to the terms of the new Terms of Use.

  12. Governing Law and Jurisdiction

    These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa. If you attempt to bring any legal proceedings against Medicare you specifically acknowledge that Medicare is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this Site to choose the laws of the Republic of South Africa to govern any such proceedings, we will probably choose to defend any such action in the Republic of South Africa and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this Site.

  13. International Use

    You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws.

These Terms of Use are effective 20/03/2018

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