REGENECELL (PTY) LTD (“Regenecell”) TERMS
OF USE OF THE WEBSITE. PLEASE READ THESE TERMS CAREFULLY AS USE
OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS:
1. Regenecell reserves the right to periodically change these
terms without notice, so kindly check them as you will be responsible
for reviewing such changes each time you access the website. Your
continued use of the website after changes have been posted online,
constitutes your acceptance of the new terms and conditions, as
modified by the posted changes.
2. If any specific term of use appears on the website in regard
to all or a portion of the information displayed on or accessible
from the website, which specific term of use conflicts with any
of these terms, then the specific term shall prevail in regard
to such information.
3. Please be aware that the content of this site is the property
of Regenecell and is protected by South African and international
copyright laws. None of the materials provided on this site may
be used, reproduced or transmitted, in whole or in part, in any
form or by any means, electronic or mechanical, including photocopying,
recording or by any information storage and retrieval system,
without permission in writing from Regenecell. You may use the
content of this site only for your own personal non-commercial
use. You are not permitted under any circumstances to use the
trademarks, logos, designs, trade names, know-how and patents
belonging to, or licensed to, Regenecell. Nothing contained in
this website should be construed as granting any licence or right
of use to any of the intellectual property rights or any rights
thereto. If you do use the content of this site for unauthorised
purposes, or if you use any other intellectual property belonging
to, or licensed to, Regenecell, you will be liable to Regenecell
for any damages it may suffer (which you acknowledge it may suffer)
and you may also be liable to criminal prosecution. You indemnify
Regenecell for every single consequence flowing from your unauthorised
use of the content of this site.
4. Neither Regenecell, nor any of its employees, shareholders,
directors, agents or representatives shall be liable for any damage,
harm, loss, injury, death, liability or damages of whatsoever
nature, howsoever arising from the use or inability to use this
site or from the services or content available through and from
this site. "Damages" shall include direct, indirect,
general, special, incidental, punitive and consequential damages.
5. This website and its contents are provided on an "as-is"
basis and has not been compiled or supplied to meet your individual
requirements. You acknowledge that you use this website at your
sole risk. Regenecell hereby disclaims any liability for, and
you indemnify Regenecell against, any loss, damage or liability
to you or any other person (including, without limitation, reasonable
legal fees) resulting directly or indirectly from the publication
of, use of or reliance upon any information, content, opinion,
advice, products or services which may be promoted, displayed
on, or associated with, our website or any other website which
can be accessed from this website, however such loss, damage or
liability may occur and whether such loss or liability is financial,
personal, consequential, incidental or otherwise.
6. The information and content contained on, or accessible from,
this website, is intended and produced for general information
purposes only and should not be relied upon as specific advice
of any kind, whether professional, medical, technical or otherwise.
Regenecell’s liability shall be limited as described in
the Disclaimer. Please do not regard
any information you obtain through this site as a substitute for
medical advice. Neither the content, nor any services or goods
offered by Regenecell through this site is intended to be relied
upon by you as a medical diagnosis or treatment. Regenecell does
not represent or endorse the accuracy or reliability of any advice,
opinion, statement or other information provided by any person
on this website. Reliance upon any such advice, opinion, statement,
or other information shall be at your own risk. Furthermore, the
information may contain errors or inaccuracies, may be incomplete
and/or out of date, and you should make your own independent investigations
as to the accuracy of such information. Regenecell shall not be
liable to any person or company for use or reliance on any inaccurate
information or opinions contained herein.
7. Regenecell does not warrant or represent that the contents
and functions contained in this website will be free from errors
or omissions or that the functions will be uninterrupted or error
free, that defects will be corrected, or that this site and/or
its server will be free of viruses or other harmful components.
You are encouraged to report any malfunctions and errors to Regenecell.
8. Notwithstanding anything contained to the contrary in these
terms and conditions, Regenecell may, from time to time and without
notice to you, be entitled to suspend your access to this website
in the event of the technical failure, modification or maintenance
of the software, hardware, equipment or infrastructure by means
of which this website is made available to you or for any reason
whatsoever. In this regard you acknowledge that interruptions
or suspensions may occur which prevent or otherwise interfere
with your access to this website, for which Regenecell will not
be liable for any damages of any kind.
9. You allow Regenecell to take all reasonable steps to ensure
the integrity and security of the Regenecell site and back-office
applications.
10. This site may provide links to other websites, as a convenience
to you. Regenecell is not responsible for the content of any linked
site and the inclusion of any link on this site does not imply
endorsement by Regenecell of any other websites or their products
or services.
11. We value the comments, ideas, suggestions and feedback disclosed,
submitted or offered by you on, by, or in connection with, your
use of our site ("comments"), but Regenecell shall not
be obliged to respond to, maintain or compensate you in any way
whatsoever for your comments. Once disclosed, submitted or offered,
you agree that your comments may be used by Regenecell. You warrant
that the comments disclosed, submitted or offered by you to the
site do not and will not violate any right of any third party,
including copyright, trade mark, privacy or any other personal
or proprietary right, and that you will not disclose, submit or
offer any comments that will or may contain any defamatory, unlawful,
abusive or obscene material. Regenecell disclaims any liability
towards any third party regarding your comments and you hereby
indemnify Regenecell against, and shall be liable for, any claim
by any third party in regard to or arising from your comments.
12. You hereby undertake to conform to generally acceptable Internet
etiquette and to abide by Regenecell's operating policies, which
may be amended from time to time at Regenecell's sole discretion
and you hereby indemnify Regenecell and hold Regenecell free from
liability, in respect of any claim made against Regenecell or
loss or damage of whatever nature caused as a result of any breach
of such undertakings, which undertakings include, but are not
limited to:
12.1. not to use this website for any unlawful purpose, or in
any manner which infringes the rights of, or restricts or inhibits
the use and enjoyment of this website by any person, including
without limiting, conduct which is unlawful, which may harass,
defame or cause distress or inconvenience to any person, and the
display, posting or transmission of obscene or offensive content
or information, or the disruption of any normal flow of dialogue
on this website;
12.2. not to frame this site or any of the pages on this site
in any way whatsoever.
13. Regenecell has no obligation to monitor anything posted on
this site. However, Regenecell reserves the right to review content
posted by you and remove or edit such content if we so decide.
Regenecell shall have no liability to you for doing so.
14. Where you have given an indemnity or have agreed that you
have no claim against Regenecell in these terms of use, any reference
to Regenecell shall include Regenecell, Regenecell's directors,
shareholders, employees, agents, representatives and/or consultants.
15. All rights not expressly granted are reserved.
16. In any provision of these terms is unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability
of any remaining terms.
17. This agreement sets out the whole of the agreement between
you and Regenecell in regard to the subject matter thereof and
there are no other agreements, guarantees or representations,
either verbal or in writing, in regard thereto, upon which you
are relying in concluding this agreement and Regenecell shall
not be bound by any express or implied term, representation, warranty,
promise or the like not recorded herein.
18. Regenecell is based in South Africa and makes no claims that
the content of this website is appropriate or may be downloaded
outside of South Africa. Access to the website content may not
be legal by certain persons or in certain countries. If you access
this website from outside South Africa, you do so at your own
risk and are responsible for compliance with the laws of the country
from which you access the website.
19. You hereby irrevocably consent to the jurisdiction of the
Magistrate's Court in the Republic of South Africa in respect
of any proceedings that may be initiated by Regenecell arising
out of these terms and conditions, provided that Regenecell shall
be entitled, in its sole discretion, to institute such proceedings
in the High Court of South Africa and, in such event, you hereby
consent and submit to the jurisdiction of the said Court.
20. These terms and conditions shall be governed by and interpreted
according to the laws of the Republic of South Africa and, in
the event of any conflict between or inconsistency in the laws
applicable in the various provinces in the Republic of South Africa,
the law as applied and interpreted in the Province of the Western
Cape shall prevail.
21. Regenecell chooses as its domicilium citandi et executandi
for all purposes under these terms and conditions, whether in
respect of court process, notice, or other documents or communication
of whatsoever nature: Regenecell, Studio 1, 10th Floor, 4 Loop
Street, Cape Town, 8001
22.General Information
A copy of the Electronic Communications and Transactions Act may
be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=2685
.
