MediScanID - Emergency Medical & Contact Information
Age Requirement; Authority — In order to use the Site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 18 years old. Emergency medical profiles for children under the age 18 years must have the consent of the Parents or legal guardians before the service is used. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access this Site.
LICENSE TO USE THIS SITE
Grant of License — WE hereby grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Site. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEEMENT IS STRICTLY PROHIBITED.
Restrictions — You agree that you will not: i) use the Site to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way, any of the content provided on this Site; or (iii) use our Site in any way that violates the terms of this Agreement.
SITE INFORMATION AND PRODUCTS
Information — We try to ensure that the information posted on the Site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on this Site at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Site.
Products — MediScanID products are sold exclusively through MediScanID and approved retail partners and on the e-commerce section of the “MediScanID.co.za” website. The e-commerce section of the “MediScanID.co.za” website is for the entire Republic of South Africa and SADC countries. Any purchase from other websites or locations is made entirely at the risk of the purchaser, particularly with regard to the authenticity of such items.
By using this Site, you represent, warrant and covenant that you will not:(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, ‘screen scraping’, ‘database scraping’ or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via the Site or (c) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on this Site. All title and intellectual property rights in and to the licensed content provided on this Site is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
TRADEMARKS AND THIRD-PARTY TRADEMARKS
MediScanID, as well as all the other related trademarks, service marks, graphics, and logos (collectively, the “MediScanID Trademarks”) used in connection with the sale and distribution of MediScanID products. The Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the MediScanID Trademarks or the trademarks of any third party.
Because we value your privacy we have taken the necessary precautions to be in compliance with the Protection of Personal Information Act. We therefore will not distribute your personal information to outside parties without your consent.
If you submit to us or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) to us, including, without limitation, Submissions about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you:(i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferrable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and /or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
This Agreement will remain effective until terminated by us.
This site (including all of its content) is provided to you “as is”. Any use of this site is at your own risk. To the maximum extent permitted by applicable law, we disclaim all warranties, either express or implied, including but not limited to, warranties of merchant ability, fitness for a particular purpose, title and non-infringement. We make no representation or guarantee that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking or other security intrusion, and we disclaim any liability relating thereto.
We make no guarantee, representation, or warranty that use or result of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, we may modify, suspend or discontinue any aspect or feature of this site or your use of this site. If we elect to modify, suspend or discontinue the site, we will not be liable to you or any third party.
You acknowledge that your submission of any information to us is at your own risk. We do not assume any liability to you with regard to any loss or liability relating to such information in any way.
Some of the content available through the site may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content.
LIMITATION OF LIABILITY
To the extent permitted by the applicable law or jurisdiction, in no event will we be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation damages for loss of profits, business, interruption, corruption of files, loss of business information or any other pecuniary loss including but not limited to health findings and absolute guarantee of future response information availability) even if we have been advised of the possibility of such damages. No oral or written information or advice given by us or others will create a warranty and neither you nor any third party may rely on any such information or advice.
Our entire liability and your exclusive remedy under this agreement will be limited to one South African Rand (ZAR1.00).
You will indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any suits or claims arising out of: (i) your breach of this agreement, including but not limited to, any infringement by you of the copyrights or intellectual property rights or any third party; or (ii) your use or misuse of this site.
IN order to access certain features of the Site and Services, you will have to create a MediScanID account and become a "Member". To become a Member you must be at least 18 years of age. Registration of minors must be completed by the minors’ legal guardian.
When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify MediScanID of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
When you register, you have the option of uploading a profile photograph of yourself. You agree that the uploaded image will not contain any sexual or pornographic content and MediScanID reserves the right to delete any images that contain nudity or that are deemed sexually explicit.
If you are using an activation code that you received as part of a data breach notification, an employee benefit, or as part of a promotional offer in order to obtain a membership in our product, you will be required to provide the activation code during registration.
ACCESS TO THE SERVICES
Following registration, the Services allow you to create User Profiles. Subject to and as set forth in these Terms of Service, MediScanID hereby grants you permission to access the Site use the Services for your personal, non-commercial use, provided that:
- (i) your use is solely for legal and non-infringing purposes and for your personal, noncommercial use;
- (ii) you will not copy or distribute any part of the Services in any medium without MediScanID prior written authorization; and
- (iii) you will otherwise comply with these Terms of Service.
ACCESS TO INFORMATION; ACCURACY
If you purchase any of the Services, then you agree to provide the information required by the service. You must truthfully and accurately represent your identity in subscribing and using the Company's Services. The better the information you provide the better results you'll see.
You understand and accept that MediScanID's products are subscription products that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment will be assessed the specified fees at regular intervals, as described on our website. If you received an activation/promotional code because you are a part of a data breach, or as an employee benefit, or you received a code for a predefined term, you may not be required to provide your credit or debit card information to us. Depending upon the specific terms of the activation/promotional code you receive, you may not be charged your membership fee for the duration of your membership. If you choose to purchase additional products during membership, you will be asked to provide your credit card information at the time of purchase. With the exception of the terms provided under the 7 Day Money Back Guarantee, all sales of all MediScanID services are final. MediScanID shall give no refunds to any party for any amounts paid for services, including without limitation any service charges or fees.
- (a) By Us. We may immediately terminate or suspend your access to the Site and Services and remove any material from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. MediScanID will not be liable to you or any third party for termination of the Services or termination of your use of the Services.
- (c) Effect Of Termination: UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Any suspension, termination or cancellation will not affect your obligations to MediScanID under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
- (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
- (b) Use any meta tags or other hidden text or metadata utilizing a MediScanID name, trademark, URL or product name;
- (c) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any Member or other user to the Site or the Services;
- (d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
- (e) Attempt to probe, scan or test the vulnerability of any MediScanID system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
- (f) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services,
- (g) Collect or store personal data about other users without their express permission;
- (h) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud or
- (i) encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
You will be responsible for providing the dial-up, DSL, cable modem, smartphone or other form of Internet access and any other hardware and software necessary to access and use the Site.
The Site may provide links to third-party websites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of, or reliance on, any content of any such third-party site or goods or services available through any such third-party site.
The Site is owned by us and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
This Agreement will be governed by the laws of the Republic of South Africa. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of the Site will be in the courts of the Republic of South Africa and the venue for the adjudication or disposition of any such claim, action or dispute will be in the Republic of South Africa.
We may send notices to you with respect to your use of the Site by sending an email message to the email address listed in your Account Information, by sending a letter via mail to the contact address listed in your Account Information, or by a posting a note on the Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, said notice will become effective immediately.
You acknowledge that you have read this agreement, understand it and will be bound by these terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supercedes any proposal or prior agreement oral or written and any other communication between us relating to the subject matter of this agreement.