IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING, AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE SAMRC WEBSITE, WEB PAGES, OR ANY PART THEREOF.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST LEAVE THE SAMRC WEBSITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
Definitions and interpretation
- “the SAMRC website” means the website, owned and operated by the SAMRC, located at http://www.samrc.ac.za, including any page, part or element thereof;
- “ the SAMRC” means the South African Medical Research Council ;
- “User” means any person who enters or uses the SAMRC website, notwithstanding the fact that such a person only visits the home page of the SAMRC website;
- References herein to the singular includes the plural and vice versa; and
- Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
- The South African Medical Research Council (MRC) is a statutory body, one of South Africa's eight science councils, with its main aim to improve the nation's health status and quality of life through relevant and excellent health research aimed at promoting equity and development.
- SAMRC is funded by the South African government and national and international grants.
- Content is governed by an editorial process that involves scientists and science editors.
- The MRC website shall not be used for advertisements by unauthorised third parties.
- Content on the SAMRC's website is aimed at the research community, the general public and government with the purpose to transfer research knowledge generated by the SAMRC to all its stakeholders.
2. Allowed use and license
2.1 The SAMRC licenses the User to view the content of the SAMRC website, provided that such content is used for private, personal, educational, and/or non-commercial purposes only.
2.2 In instances where the user downloads content from the SAMRC website, it is required that the user obtain the prior written consent from the appropriate unit director.
2.3 Content from the SAMRC website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of the SAMRC.
2.4 Users may only access, browse and use the SAMRC website for legitimate personal or commercial purposes and may not use the SAMRC website or any of the SAMRC services and/or products for:
2.4.1 Harmful purposes;
2.4.2 Illegal purposes;
2.4.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
2.4.4 The creation, storage and sending of unsolicited commercial communications.
2.5 The caching of the SAMRC website shall only be allowed if:
2.5.1 The purpose of the caching is to make the onward transmission of the content from the SAMRC website more efficient;
2.5.2 The cached content is not modified in any manner whatsoever;
2.5.3 The cached content is updated at least every 12 (twelve) hours; and
2.5.4 The cached content is removed or updated when so required by the SAMRC.
2.6 If any User uses content from the SAMRC website in breach of the provisions detailed herein:
2.6.1 the SAMRC reserves the right to claim damages from the User;
2.6.2 the SAMRC reserves the right to institute criminal proceedings against the User; and
2.6.3 the SAMRC shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.8 Users may quote small and reasonable amounts of content available from the SAMRC website and only if such a quote is placed in inverted commas and acknowledged. Contact the respective unit directors for permission to download content, see 2.2.
2.9 No person may, without the prior written consent of the SAMRC, frame the SAMRC website in any manner whatsoever.
2.10 E-mail addresses, names, telephone numbers, and fax numbers published on the SAMRC website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the SAMRC website may be used to communicate unsolicited communications to the SAMRC and all rights detailed in 45 of the ECT Act are reserved.
2.11 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by the SAMRC at any time without prior notice or reasons.
3. Intellectual property rights
3.1 All intellectual property on the SAMRC website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to the SAMRC and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the SAMRC website are expressly reserved.
3.2 No person may use logos, icons, or trade marks from the SAMRC website as hyperlinks or other purposes without the SAMRC's prior written consent.
4. Software and equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the SAMRC website and/or download content from the SAMRC website.
5. Disclosures required by section 43 of the ECT act
These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the SAMRC website.
Access to the services, content, software and downloads available from the SAMRC website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the SAMRC has, amongst others, the duty to disclose the following information:
5.1 The full name and legal status of the website owner: the South African Medical Research Council, public body established in terms of Act 58 of 1969, amended 1991;
5.2 Members: http://www.samrc.ac.za/about-us/our-board
5.4 Head office street address: Francie Van Zijl Drive, Parow Valley. 7505, Tygerberg, South Africa;
5.5 Head office postal address: PO Box 19070, Tygerberg, 7505, South Africa;
5.6 Physical address for receipt of legal service: Francie Van Zijl Drive, Parow Valley. 7505, Tygerberg, South Africa;
5.7 Telephone number: +27 21 938 – 0911;
5.8 Fax number: +27 21 938 – 0200;
5.9 Main business: The South African Medical Research Council (MRC) is a statutory body, one of South Africa's eight science councils, with the main aim to improve the nation's health status and quality of life through relevant and excellent health research aimed at promoting equity and development;
5.10 The website address of the SAMRC website is : www.samrc.ac.za;
5.11 The official e-mail address of the SAMRC is available at: http://www.samrc.ac.za/contact-us
5.13 Costs and delivery and Website Commerce
5.14 Membership of self regulatory bodies:
5.14.3 SA Parliament.
5.15 Codes of conduct:
5.15.1 HON Code;
5.16 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.16.1 access to the SAMRC website;
5.16.2 the inability to access the SAMRC website;
5.16.3 the services and content available from the SAMRC website; or
5.16.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
5.17 Cooling-off period: Users may return goods or services within 7 (seven) days as detailed in section 44 of the ECT Act and only if such goods or services are not detailed in section 42(2) of the ECT Act; and
5.18 Users may lodge complaints concerning the SAMRC website with the SAMRC at firstname.lastname@example.org
6. Changes and amendments
The SAMRC reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the SAMRC website;
6.3 discontinue any aspect of the SAMRC website or service(s) available from the SAMRC website; and/or
6.4 change the software and hardware required to access and use the SAMRC website.
7.1 The SAMRC shall take all reasonable steps to protect the personal information of Users and 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).
7.2 The SAMRC may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 area code;
7.2.3 street address;
7.2.4 postal address;
7.2.6 contact numbers;
7.2.7 non-personal browsing habits and click patterns;
7.2.8 e-mail address; and / or
7.2.9 IP address.
7.3 The SAMRC collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide services to the User as requested by the User;
7.3.3 Authenticate the User;
7.3.4 Provide the User with access to restricted pages on this website; and
7.3.5 Compile non-personal statistical information about browsing habits, click-patterns, and access to the SAMRC website.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5 the SAMRC may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 the SAMRC shall not disclose personal information of Users unless the User consents thereto;
7.5.2 the SAMRC shall disclose personal information without the User’s consent only through due legal process; and
7.5.3 the SAMRC may compile, use and share any information that does not relate to any specific individual.
7.6 The SAMRC owns and retains all rights to non-personal statistical information collected and compiled by the SAMRC.
8. Hyperlinks to third party sites
8.1 The SAMRC may provide hyperlinks to websites not controlled by the SAMRC (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products, and/or services of such target sites.
8.2 The SAMRC does not editorially control the content, products, and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.
9.1 The SAMRC shall take all reasonable steps to secure the content of the SAMRC website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, the SAMRC does not make any warranties or representations that content shall be 100% safe or secure.
9.2 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, the SAMRC is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the SAMRC website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots, or spyware, to the SAMRC website or the server and computer network that support the SAMRC website.
9.4 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the SAMRC website, whether on purpose or negligently, shall, without any limitation, indemnify and hold the SAMRC harmless against any and all liabilities, damages, risks and losses that the SAMRC and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
9.5 Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the SAMRC website and the SAMRC reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
9.6 Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by the SAMRC and its partners / affiliates due to or related to these illegal actions.
10. Disclaimer and limitation of liability
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, the SAMRC (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the SAMRC website;
10.1.2 access to websites linked to the SAMRC website;
10.1.3 inability to access the SAMRC website;
10.1.4 inability to access websites linked to the SAMRC website;
10.1.5 content available on the SAMRC website;
10.1.6 services available from the SAMRC website;
10.1.7 products available from the SAMRC website;
10.1.8 downloads and use of content from the SAMRC website; and/or
10.1.9 any other reason not directly related to the MRC’s gross negligence.
10.2 The SAMRC website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with the SAMRC, that the content available from and through the SAMRC website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas, and opinions expressed on the SAMRC website should not be regarded as professional advice or the official opinion of the SAMRC and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas, or opinions expressed on the SAMRC website. The SAMRC will not be liable in any manner whatsoever for loss of life, injury or damage to any person or thing which may occur as a result of the use of the information, ideas and opinions. The purpose of our content is to support but in no way replace the doctor-patient relationship. As a research science council, SAMRC does not provide medical advice.
10.4 The SAMRC does not make any warranties or representation that content and services available from the SAMRC website shall in all cases be free from any errors. The SAMRC shall take all reasonable steps to ensure the quality and accuracy of content available from the SAMRC website.
10.5 The SAMRC does not make any warranties or representations that the SAMRC website shall be available at all times. Users acknowledge that the SAMRC website may be unavailable due to updates or other causes beyond the reasonable control of the SAMRC, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God.”
The SAMRC does not edit or scan comments posted by the User or e-mails from the User to the SAMRC or the SAMRC website and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic, or harmful postings.
12. Removal and correction of content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the SAMRC website to the SAMRC, email@example.com, and the SAMRC undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
13. Interception of communications
13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to the MRC’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the SAMRC website, its staff and employees. The RIC Act may be downloaded.
13.2 The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13.3 The SAMRC respects the privacy and confidentiality of the User and any private data of the User shall not be sold or shared but used for the purpose that the User supplies it.
14. Entire agreement and severability
14.1 These terms and conditions constitute the entire agreement between the SAMRC and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by the SAMRC from the User.
14.2 Any failure by the SAMRC to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. Agreement in terms of section 21 of the ECT act
The User and the SAMRC agree that:
15.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the SAMRC website for the first time;
15.2 data messages (as defined in the ECT Act) addressed by the User to the SAMRC shall only be deemed to have been received if and when responded to;
15.4 data messages (as defined in the ECT Act) addressed by the User to the SAMRC shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and the SAMRC; and
15.6 The User agrees and warrants that data messages that are sent to the SAMRC from a computer, IP address, or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
16. Applicable and governing law
The SAMRC website is hosted, controlled, and operated from the Republic of South Africa and therefore, subject to clause 5.11, the South African law enforced by the South African courts governs the use or inability to use the SAMRC website, its content, services, products and these terms and conditions.
17. Legal costs
The SAMRC shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.