In order to provide the Services, Aviro will collect and use (i) the User’s name and contact details, (ii) information relating to the gender, sex, pregnancy, marital status, age, well-being, disability, physical or mental health, (iii) information relating to the medical, financial or employment history of the User, (iv) the biometric information of the User, (v) details of the User’s use of the Services and (vi) any online identifiers or other particular assignment to the User.
If a User accesses the Services without giving Aviro any personal information, Aviro may still gather certain non-personal information, including information regarding the User’s activities through use of the Services.
The processing of a User’s health information (including information relating to a User’s medical diagnosis, condition and/or treatment) forms an integral part of the Services. This information may be obtained from the User’s medical records such as blood tests, diagnostic reports, treatment history, examination results, assessments by medical doctors or prescription information. Accordingly, the User hereby consents to Aviro processing the User’s health information for purposes relating to the provision of the Services by Aviro.
The purposes for which Aviro uses personal information includes, but is not limited to:
- customisation and adaption of the specific informational and educational health support service provided to the User using the Services;
- facilitating the User’s transactions when using the Services;
improving and optimising the User’s experience when using the Services;
- marketing, promoting and advertising services to the User;
detection and prevention of fraud, identity theft or abuse of the Services; and
- communicating with the User for Aviro’s internal purposes.
Aviro may release or share the User’s personal information or disclose it to third parties in certain circumstances, including, but not limited to the following:
- in order for Aviro to provide the Services including where Aviro’s clients are contracted to deliver the specific respective informational and educational health support service to a User;
- in order for Aviro’s service providers to operate the platforms that host the Services;
- if Aviro is required or allowed to do so by law or a court order;
- in order for Aviro to enforce its rights.
For purposes relating to the Services, Aviro uses systems that are sufficiently secure with reference to accepted technological standards at the time of transactions.
Aviro will secure the integrity and confidentiality of Users’ personal information in its possession and under its control by taking appropriate, reasonable technical and organisational measures to prevent: (i) loss of, damage to or unauthorised destruction of personal information; and (ii) unlawful access to or processing of personal information.
Furthermore, any personal information that Aviro provides to third party service providers, as set out below, will be subject to an appropriate data transfer agreement ensuring that such further processing is only used for the purposes for which the information was transferred.
Personal information collected by Aviro may be transferred to persons in other countries. The User consents to such transfer. Aviro will take reasonable steps to ensure that such persons have appropriate privacy measures in place.
Aviro is aware that it may have to obtain the necessary regulator’s authorisation if it wants to transfer personal information such as health information to a third party in a foreign country that does not provide an adequate level of protection for the processing of personal information.
Users may disable or decline cookies. However, if the User does so, the User might not be able to use the Services properly and certain aspects of the Services on the Platform might not function.
ITHAKA TERMS AND CONDITIONS
1.1. Aviro Med Design Proprietary Limited (Registration No. 2012/154685/07) (“Aviro”) provides applications, software, and services for health guidance and support (the “Services”).
1.2. These terms and conditions (“Terms”) apply to your use of the Services.
2.1. A User must register an account and subscribe in order to make use of the Services.
2.2. The User shall not be entitled to use the Services for any other purpose than that mentioned in these Terms.
2.3. The User makes use of the Services at their own risk. If the User wants to investigate or make any enquiries regarding the User’s health, diagnosis, treatment or related concerns, the User should promptly consult the User’s doctor or other relevant healthcare professional. The User should not disregard obtaining or adhering to medical or professional advice due to any content that the User reads by using the Services. The User should ask the User’s doctor or relevant healthcare professional to assist the User in interpreting any information obtained by use of the Service or linked sites.
2.4. The content, information and any reference materials published, received and/or communicated on the Service reflects the views of the relevant author and does not necessarily represent the official opinion of Aviro unless otherwise stated. Such information should not be considered or construed as medical advice or used for treatment purposes and is not in any way intended to replace consultation with or advice from a qualified medical professional.
2.5. The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the contents of the Services without the prior written consent of Aviro.
2.6. Aviro reserves the right to make any changes to the Services and its content at any time and without prior notice.
2.7. The Services may contain links to other websites. Aviro has no control over such websites and does not review their content and will not be responsible for their content or accuracy. The User accesses such websites at the User’s own risk and judgment.
2.8. Although every effort will be made to have the Services available at all times, the Services may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption. Aviro does not warrant against nor will it be held liable for such downtime and the User indemnifies Aviro against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
2.9. If the User commits any breach of these Terms or in any other way interacts with or uses the Services in an unlawful or unauthorised manner, Aviro shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Services immediately, without prior notice, without any liability on Aviro’s part and without prejudice to Aviro’s rights in terms of these Terms or at law.
The processing of personal information including without limitation information relating to a User’s health, medical diagnosis and/or treatment forms an integral part of the Services. Accordingly, the User hereby consents to Aviro processing the User’s health information for purposes relating to the Services.
4.1. The User acknowledges that the User shall be required to capture personal information upon registration in order to create an account with which the User can log in and use the Services.
4.2. The User accepts full responsibility for all activities that occur under the User’s access details or password and accepts responsibility for sharing his or her User name and password.
4.3. If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Services’ security systems, the User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Services with the User’s username and password. When the User’s username and password have been used in order to gain access to the Services, Aviro shall be entitled to assume that such use and all related communications emanate from the User. Aviro shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
4.4. In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Aviro with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Aviro may, in its sole and absolute discretion and for any reason whatsoever, require the User to change the User’s username and password at any time.
4.5. Once the User has logged onto the Services, certain information, functionality and other features of the Services remain accessible upon subsequent access to the Services without the User having to re-enter the User’s password. If the User prefers to enter his or her password every time the User accesses the Services, the User can change the setting in the menu option.
4.6. The User shall be allowed to utilise a “Reset password” and “Forgot password” function through either e-mail or SMS. The User acknowledges that the User’s access to the Services may be refused if information cannot be verified.
4.7. The User agrees that Aviro cannot be held responsible for charges incurred by the User in respect of accessing the Services or for any usage of the Services, including but not limited to data and text message charges.
5.1. Although the User may be granted access to the Services’ enhancements, upgrades, later releases or versions, the User shall have no general right thereto. These shall be made available in the sole and absolute discretion of Aviro.
5.2. The User agrees that the Services may automatically be enhanced or upgraded for the continued functionality of the Services or for any reasonable business purpose and the User consents to such enhancements and upgrades.
5.3. Aviro may notify the User when new enhancements and upgrades are ready to be installed from time to time and/or make such enhancements or upgrades available for download by the User.
5.4. The User’s use of the enhancements or upgrades will be governed by these Terms unless the User is asked to agree to new or additional terms and conditions at the time of download or installation.
5.5. The User shall have no general right to maintenance and support services in respect of the Services. Aviro may, in its discretion, make such support available.
6.1. The Services allow the communication of messages, content, information or other material in relation to the health, medical diagnosis and/or treatment (“Content”). Aviro does not guarantee or warrant, and makes no representations regarding the reliability, quality or suitability of any Content made available through the Services.
6.2. Any Content as well as commentary, advice, information, suggestions, opinions, answers or any other information posted through use of the Services are not intended to nor shall it be interpreted to amount to advice on which reliance should be placed by a User and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and releases and indemnifies Aviro from and against any and all liability and responsibility arising from any reliance placed on such information whether posted or by any other person visiting the Services.
6.3. Aviro does not, and does not intend to, provide any medical advice, professional diagnosis, medical treatment, management, support or related services or act in any way as a medical professional and only offers an informational and educational health support service platform for Users to receive Content and plan health system interactions. Aviro shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users as a result of any reliance or use of Content as a result of using the Services.
6.4. To the extent permitted by law, the User indemnifies and holds Aviro, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the Content distributed through the Services.
7.1. The Services and all information, content, materials and services included or otherwise made available to the User are provided on an “as is” and an “as available” basis. Aviro makes no warranties or representations of any kind, express or implied, as to the operation of the Services or the available information, content, materials or services included on or otherwise made available to the User.
7.2. Notwithstanding anything to the contrary contained in these Terms, Aviro shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Services, whether caused by latent or patent defects, the use of and/or information contained on the Services or otherwise.
7.3. The User assumes all responsibility and risk for the use of the Services. The User hereby indemnifies Aviro and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by the User or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Services and the use thereof by the User, and/or arising from the provisions of these Terms.
7.4. Aviro will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Aviro.
7.5. These Terms do not intend to, nor shall they be interpreted to, limit the liability of Aviro in any way which would be illegal for Aviro to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
8.1. The Services are owned by Aviro and the User acknowledges that Aviro and/or its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or relating to the Services including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (“Intellectual Property”) associated with, related to or appearing thereon.
8.2. The content of the Services, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. Aviro and the owners of such content reserve all such rights therein unless provided otherwise in these Terms.
3. The User undertakes:
3.1. not to use or register any trade mark(s), trade name(s) or other device(s) which are or incorporate marks which are the same as or confusingly similar to Aviro’s trade mark(s) or which marks are likely to be related to any of Aviro’s trade mark(s) or where such use would take unfair advantage of or be detrimental to the distinctive character or the reputation of any of Aviro’s trade mark(s);
1.1. not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of Aviro’s rights, title and interest in and to the Intellectual Property; and
1.2. not in any way to make unauthorised use of the Intellectual Property or to represent that he has any rights of any nature in the Intellectual Property or any registrations thereof.
2. Without limiting the generality of the provisions of clause 8.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Services and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
3. Aviro’s graphics, logos, page headers, button icons, scripts and service names are the trade marks or trade dress of Aviro. Aviro’s trade marks and trade dress may not be used in connection with any product or service that is not conducted by Aviro or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aviro. The User may not use any of the Intellectual Property without Aviro’s prior written consent. All other trade marks not owned by Aviro that appear on the Services’ platform are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Aviro. The User may not use such trade marks without prior written consent from the relevant owners.
9.1. The User warrants that:
9.1.1. the User will not use the Services in any way that causes, or is likely to cause, the Services and access thereto, to be interrupted, damaged or impaired in any manner;
9.1.2. no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Services or into Aviro’s system which may cause any form of technological harm or any other form of harm in any manner or respect;
9.1.3. the User will not attempt to gain unauthorised access to the Services’ system; and
9.1.4. the User will not attempt to gain unauthorised access to the Services’ server, databases, computers or any other device associated with the Services and will not attack the Services’ system through a denial-of-service attack or a distributed denial-of-service attack.
9.2. Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Aviro will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
9.3. Although Aviro and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Services’ system, Aviro does not warrant that the Services’ system is free of malicious content or viruses and Aviro will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 9.1.2. which may infect any User’s computer or device, computer equipment, data or any other proprietary material where such loss is or may be attributed to the User’s use of the Services or downloads received from the Services.
9.4. The User warrants that he will not use the Services in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
10.1. Aviro reserves the right to at any time suspend or terminate the Services or any activity on or access to the Services for any reason, including (without limitation) any misconduct or unlawful use of the Services by any User or for any reasons relating to any law, legislation or regulation.
10.2. In the event that the Services, any activity or event on the Services or any person’s purchase of any of the services offered for sale on the Services are suspended or terminated, a person shall have no claim against Aviro for whatever reason.
11.1. Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
11.1.1. Aviro: As per clause 13:
11.1.2. The User: As per the address supplied by the User upon registering with the Services, failing which such address as provided by the User upon request by Aviro.
11.2. Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
11.3. Any notice by e-mail to a Party at its e-mail address shall be deemed, unless the contrary is proved, to have been received on the first business day after the date of transmission.
11.4. Notwithstanding anything to the contrary contained in this clause 11, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address in terms of clause 11.1.
12.1. These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa.
12.2. If at any time there is a failure by Aviro to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
12.3. Aviro reserves the right to modify, amend, or delete any part of the Services. Aviro may amend these Terms from time to time. If Aviro does so in a way that materially diminishes or negatively affects the User’s rights, Aviro will notify the User in advance of the change and the User will have an opportunity to stop using the Services if the User objects to the changes. For all other modifications, Aviro will post the updated Terms on this website, so the User should check it from time to time.
12.4. Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
13.1. Company: Aviro Med Design Proprietary Limited
Registration number: 2012/154685/07
Address: Unit 401 Salt Circle Arcade, 19 Kent Street, Salt River, Cape Town, 7925
Telephone number: +27 82 072 2717 / =27 21 2867510
E-mail address: email@example.com
VAT number: 4960285049
13.2. AVIRO will receive service of documents in legal proceedings at the above physical address.
13.3. Place of registration: Cape Town, South Africa
13.4. Registration date: 24 August 2012
13.5. Names of office bearers: Musaed Abrahams, Luke Shankland