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TERMS OF USE FOR MY DYNAMICS WEBSITE- POWERED BY PHARMA DYNAMICS

TERMS OF USE FOR MY DYNAMICS WEBSITE- POWERED BY PHARMA DYNAMICS

  1. DEFINITIONS:
    1. “Personal Information” means personal information as defined in the Protection of Personal Information Act (Act No. 4 of 2013) and includes information by which you can be identified and which relates to you as an identifiable individual such as your name, physical and postal addresses, e-mail address, race, sex, and/or age;
    1. “Terms of Use” means the terms of use of this Website, as set out in this document and as amended from time to time;
    1.  “Website” means the My Dynamics website: https://www.mydynamics.co.za/;  
    1. “you”, “your” or “user” means every person that accesses or uses this Website; and
    1. “we”, “us” or “our” means Pharma Dynamics Proprietary Limited (registration number 2001/001124/07) of 1st Floor, Grapevine House, Steenberg Office Park, Silverwood Close, Westlake, Cape Town, Republic of South Africa, 7945.
  2. INTRODUCTION
    1. The Website is owned and operated by us. These Terms of Use govern your use of our Website.
    1. By using our Website, you indicate that you are aware of, understand and accept these Terms of Use in full. 
    1. These Terms of Use form a binding agreement between you and us. If you disagree with these Terms of Use or any part of them, you should immediately cease access and/or use of our Website.
  3. IMPORTANT NOTICE
    1. These Terms of Use apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    1. These Terms of Use contain provisions that appear in similar text and style to this clause and which –
      1. may limit our risk or liability or that of a third party; and/or
      1. may create risk or liability for the user; and/or
      1. may compel the user to indemnify us or a third party; and/or
      1. serves as an acknowledgement, by the user, of a fact.
    1. Your attention is drawn to these terms and conditions because they are important and should be carefully noted.
    1. If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask us to explain it to you before you continue to make use of our Website.
    1. Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.
  4. PROHIBITED USE OF THE  WEBSITE
    1. 4.1. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device or manual process to monitor, copy, distribute or modify the Website or the information contained therein.
    1. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    1. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without our express prior written consent.
  5. PRIVACY POLICY
    1. Any Personal Information collected by us will be dealt with and handled in accordance with our Privacy Policy, which is available on our Website at [insert link].
    1. You voluntarily consent to the use of the Personal Information collected in relation to you in accordance with our Privacy Policy.
  6. CHANGES TO THESE TERMS OF USE

We may, in our sole discretion, change any provision or term of these Terms of Use at any time. On each occasion that you make use of the Website, it is your responsibility to regularly check these Terms of Use and make sure that you are satisfied with the changes. Should you not be satisfied, you must cease your use of the Website immediately. If you continue to use the Website after the Terms of Use displayed thereon have changed, you will be deemed to have accepted such changes.

We thus disclaim, in accordance with the provisions of these Terms of Use and to the maximum extent permitted in law, all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

The Website includes or may include hyperlinks to other websites owned and/or operated by third parties. These links are not recommendations. We have no control over the contents of third party websites and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. 11. GOVERNING LAW AND JURISDICTION 
    1. 11.1. These Terms of Use and our relationship, as well as any dispute arising from or in connection therewith, shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
    1. In the event of any dispute arising between yourself and us, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    1. Nothing in this clause 11 or these Terms of Use limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  2. 12. AVAILABILITY OF WEBSITE AND TERMINATION
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and we are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    1. We may, in our sole discretion, terminate, suspend and/or modify this Website, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend, modify or terminate this Website.
    1. If you fail to comply with your obligations under these Terms of Use this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website, without prejudice to any claims for damages or otherwise that we may have against you.
    1. At any time, you can choose to stop using the Website, with or without notice to us.
  3. 13. NOTICES
    1. We hereby select 1st Floor, Grapevine House, Steenberg Office Park, Silverwood Close, Westlake, Cape Town, Republic of South Africa, 7945, as our address for the service of all formal notices and legal processes in connection with these Terms of Use (“legal address”). We may change this address from time to time by updating these Terms of Use.
    1. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
      1. by hand, will be deemed to have been received on the date of delivery;
      1. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
      1. by email, within 12 (twelve) hours of transmission where it is transmitted during the normal business hours of the addressee and within 12 (twelve) hours of the commencement of the following business day where it is transmitted outside those business hours.
    1. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
  4. GENERAL
    1. This document contains the entire agreement between the parties in relation to the subject matter hereof and no other warranty or undertaking is valid, unless contained in this document.
    1. Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
    1. The headings to the paragraphs to these Terms of Use are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  
    1. We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents.
    1. Should you have any complaints or queries, kindly address an e-mail to info@pharmacovigilance.co.za   advising us of the same, or alternatively contact us at 021 707 7000
    1. 14.6. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms of Use to any third party.
    1. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show, grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    1. 14.8. Each sentence, paragraph, term, clause and provision of these Terms of Use and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) in terms of a final, binding judgment issued by any competent court having jurisdiction, it shall, to that extent, be deemed not to form part of these Terms of Use and shall not impair the operation of, nor have any effect upon such other sentence, paragraph, term, clause or provision of these Terms of Use as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
    1. No term or condition of these Terms of Use is intended to breach any peremptory provisions of the CPA and any regulations thereto (“Prohibited Provision“).  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 14.8 mutatis mutandis.

Phone:

+27 (0) 860 742 762

Email:

info@pharmadynamics.co.za

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DISCLAIMER

Disclaimer

These articles are for information purposes only. It cannot replace the diagnosis of a healthcare provider. Pharma Dynamics gives no warranty as to the accuracy of the information contained in such articles and shall not, under any circumstances, be liable for any consequences which may be suffered as a result of a user’s reliance thereon.

The information the reader is about to be referred to may not comply with the South Africa regulatory requirements. Information relevant to the South African environment is available from the Company and in the Professional Information/Patient Information Leaflet/Instructions for Use approved by the Regulatory Authority