Terms & Conditions
- Home
- Terms & Conditions
Website Terms and Conditions of Use - WITS Donald Gordon Medical Center
By accessing and using this Website, you (“you” or “User”) irrevocably agree to be governed by these Expanded Terms and Conditions of Use (“Expanded Terms and Conditions”) and our comprehensive Privacy Policy, which is fully incorporated herein by reference. If you do not comprehensively agree with each provision of these Expanded Terms and Conditions, you are strictly prohibited from using this Website and must immediately cease all access and use.
These Expanded Terms and Conditions, along with the Privacy Policy, constitute the entire, legally binding, and exhaustive agreement between you and DGMC concerning your use of this Website. By using this Website in any manner, you provide unequivocal acknowledgment and attestation that you have meticulously read, comprehensively understood, and unconditionally agreed to be fully bound by each and every provision of these Expanded Terms and Conditions. DGMC explicitly reserves the absolute right, at its sole and unfettered discretion, to unilaterally amend, modify, or revise these Expanded Terms and Conditions at any time, without any obligation to provide prior, direct, or individual notice. It is your continuous, active, and sole responsibility to proactively and diligently review these Expanded Terms and Conditions with regularity and vigilance for any and all updates or modifications. Your continued access to or utilization of the Website subsequent to the posting of any changes shall automatically and irrevocably constitute your unqualified and unconditional acceptance of all such revised Expanded Terms and Conditions in their entirety.
The paramount and exclusive purpose of this Website is to serve as a comprehensive informational resource, providing detailed insights into WITS Donald Gordon Medical Center, encompassing its extensive array of specialized medical services, state-of-the-art facilities, distinguished medical professionals, groundbreaking research initiatives, and a broad spectrum of meticulously curated general health-related information.
It is hereby explicitly, unequivocally, and emphatically declared that the entirety of the information disseminated and presented on this Website is exclusively intended for general informational purposes only and, under no circumstances, shall it be construed, interpreted, or relied upon as constituting formal, professional medical advice, definitive medical diagnosis, or prescribed medical treatment. The information provided herein is categorically not designed, intended, nor authorized to function as a valid substitute for direct, personalized, and face-to-face professional medical consultation, rigorous medical diagnosis, or evidence-based medical treatment administered by a duly qualified and licensed healthcare provider.
- Absolute Absence of Doctor-Patient Relationship: Your utilization of this Website, irrespective of the extent or nature of such use, shall not, under any circumstances, engender or establish a doctor-patient relationship, either explicitly or implicitly, between you and DGMC, or between you and any of its affiliated medical professionals, staff, or representatives. No communication, interaction, or information exchange through this Website can or should be interpreted as creating such a relationship.
- Imperative Consultation with Qualified Healthcare Professionals: For any and all medical concerns, questions pertaining to your health status, or inquiries regarding medical conditions or treatment options, it is your unwavering and non-negotiable responsibility to proactively and directly seek the informed, personalized, and professional counsel of your primary physician or another duly qualified and licensed healthcare provider. You are unequivocally and perpetually obligated to refrain from ever disregarding professional medical advice, or unduly delaying the active pursuit of such advice, predicated upon any information, content, or materials you may have encountered, read, or otherwise accessed on this Website.
- Exclusion of Emergency Medical Situations: In the event that you genuinely believe you are experiencing a bona fide medical emergency, it is your paramount and immediate duty to directly contact and activate emergency medical services within your immediate geographical location without any intermediary delay. Under no circumstances should you ever rely upon this Website as a primary or secondary resource for emergency medical assistance, guidance, or intervention. This Website is fundamentally unsuited and unequipped to address or manage acute medical emergencies.
- Limitations Regarding Information Accuracy and Currency: While DGMC undertakes commercially reasonable efforts to diligently maintain the accuracy, timeliness, and comprehensiveness of the information presented on this Website, DGMC explicitly provides no warranties, guarantees, or representations of any kind, whether express or implied, regarding the absolute accuracy, exhaustive completeness, unwavering reliability, unequivocal suitability, or continuous availability of any and all information, content, materials, or services contained or referenced on this Website, irrespective of the intended purpose or application. The field of medical science and healthcare is perpetually evolving, characterized by rapid advancements and ongoing discoveries. Consequently, medical and health-related information disseminated on this Website may, at any given point in time, not reflect the most current, cutting-edge, or universally accepted medical knowledge, practices, or guidelines. Users are therefore strongly cautioned to exercise due diligence and independent verification in their reliance on any medical information encountered herein.
- User Eligibility and Capacity: This Website is meticulously designed and exclusively intended for utilization by users who have attained the minimum legal age of eighteen (18) years. By accessing, Browse, or otherwise using this Website, you formally represent and warrant, under penalty of perjury and legal consequence, that you are, at the very least, eighteen (18) years of age and possess the full legal capacity and competence to enter into and be legally bound by these Expanded Terms and Conditions. Use by individuals under the age of 18 is strictly prohibited and constitutes a material breach of these terms.
- Grant of Limited Use License: Subject to your continuous, full, and unwavering compliance with each and every provision of these Expanded Terms and Conditions, DGMC hereby grants you a narrowly circumscribed, inherently limited, strictly non-exclusive, fully revocable, and wholly non-transferable license. This license solely permits you to access and utilize the Website for exclusively personal, strictly non-commercial, and explicitly non-competitive purposes. This license is contingent upon your adherence to all terms herein and may be unilaterally revoked by DGMC at any time, with or without cause, and without prior notice or liability.
- Extensive List of Prohibited Uses and Activities: You explicitly and irrevocably covenant and agree that you shall, under no circumstances, utilize the Website, or any portion thereof, for any purpose that is deemed unlawful, illegitimate, unethical, or otherwise prohibited, or in any manner that could potentially contravene, violate, or infringe upon these Expanded Terms and Conditions, or any and all applicable local, provincial, national, international, or supranational laws, statutes, regulations, ordinances, directives, or legal precedents. Prohibited uses and activities, which are expressly forbidden and shall be deemed a material breach of these Expanded Terms and Conditions, include, but are not exhaustively limited to, the following:
- Malicious Code Transmission: The deliberate or negligent transmission, uploading, dissemination, or introduction of any computer viruses, software worms, logic bombs, time bombs, corrupted files, intentionally designed defects, Trojan horses, spyware, malware, ransomware, adware, or any other form of malicious code, harmful software, or technologically destructive items or components that are designed, intended, or reasonably likely to disrupt, damage, disable, overburden, impair, compromise, or gain unauthorized access to the Website, its servers, networks, data, systems, or the computer systems or devices of other users.
- Unauthorized Access Attempts: Any and all attempts, whether successful or unsuccessful, to gain unauthorized access to any portion of the Website that is expressly restricted, including, but not limited to, administrative interfaces, server infrastructure, databases, user accounts (other than your own, if applicable and properly authorized), or any accounts, computer systems, or interconnected networks that are directly or indirectly linked or related to the Website. This prohibition explicitly extends to circumventing or bypassing any security measures, authentication protocols, or access controls implemented by DGMC to protect the Website and its underlying systems.
- Automated Data Extraction and Scraping: The utilization of any automated systems, software programs, scripts, bots, spiders, crawlers, scrapers, data mining tools, or other automated means, methods, or processes to access, monitor, copy, extract, collect, or download any content, data, information, or materials from the Website for any purpose whatsoever, without obtaining the express, explicit, prior, and unequivocally documented written consent and authorization directly from a duly authorized representative of DGMC. This prohibition encompasses, but is not limited to, web scraping, data harvesting, screen scraping, and any other form of automated data extraction.
- Website Disruption and Interference: Engaging in any activity, conduct, or behavior that is reasonably likely to, or actually does, interfere with, disrupt, degrade, undermine, or negatively impact the normal, intended, or efficient operation, functionality, performance, security, or availability of the Website, or the servers, networks, or infrastructure that are utilized to host, operate, and maintain the Website and its associated services. This includes, but is not limited to, denial-of-service (DoS) attacks, distributed denial-of-service (DDoS) attacks, spamming, flooding, overloading, or any other activities that could impair the Website’s ability to serve legitimate users.
- Personal Data Harvesting: The systematic, automated, or unauthorized collection, gathering, or harvesting of any personally identifiable information (PII), including, but not limited to, user account names, email addresses, contact details, demographic information, or any other data that could reasonably be used to identify, contact, or locate an individual, from the Website or its users, without explicit and lawful consent and in violation of applicable privacy laws and regulations.
- Website Impairment and Misuse: Utilizing the Website in any manner, method, or capacity that could foreseeably, actually, or potentially damage, disable, overburden, degrade, or impair the Website, its infrastructure, or its services, or that could interfere with, disrupt, or negatively affect any other party’s legitimate, authorized, and intended access, use, and enjoyment of the Website.
- Identity Misrepresentation and Impersonation: The deliberate, intentional, or negligent act of misrepresenting your true identity, falsely claiming affiliation with any person, entity, organization, or institution (whether real or fictitious), or otherwise engaging in any form of identity fraud or impersonation while accessing or using the Website, or in any communications or interactions related to the Website.
- Transmission of Objectionable Content: The posting, uploading, transmitting, disseminating, publishing, or otherwise making available through the Website any content, materials, communications, data, or information that is, in whole or in part, deemed unlawful, illegal, illicit, unauthorized, infringing, defamatory, libelous, slanderous, obscene, pornographic, sexually explicit, indecent, lewd, lascivious, harassing, threatening, abusive, discriminatory, hateful, or otherwise reasonably objectionable, offensive, or harmful to any person or entity, as determined in the sole and subjective discretion of DGMC.
- Unambiguous Ownership and Title: The Website, in its entirety, and all of its constituent original content, features, functionalities, designs, and operational elements (including, without limitation, all text, graphics, logos, trademarks, service marks, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software code, algorithms, user interfaces, and underlying technology) are, and shall at all times remain, the sole, exclusive, and unencumbered property of DGMC or its duly authorized third-party licensors, and are comprehensively protected and rigorously safeguarded by the full spectrum of applicable South African and international intellectual property laws, including, but not limited to, copyright law, trademark law, patent law, trade secret law, and all other forms of intellectual property or proprietary rights laws, conventions, treaties, and legal doctrines, irrespective of jurisdiction.
- Grant of Exceptionally Limited License: In strict and absolute consideration of your continuous and unwavering adherence to each and every term, condition, covenant, and obligation set forth within these Expanded Terms and Conditions, DGMC, solely and conditionally, grants you a profoundly limited, exceptionally narrow, strictly non-exclusive, explicitly non-transferable, and perpetually revocable license. This exceedingly restricted license solely permits you to access, view, and interact with the publicly accessible content displayed on the Website, exclusively for your private, personal, strictly non-commercial, and entirely non-competitive utilization. This license is explicitly contingent upon your ongoing compliance with all provisions contained herein and is subject to immediate, unilateral, and unconditional revocation by DGMC, at any time, for any reason, or for no reason at all, without any requirement for prior notification, explanation, or the incurrence of any liability whatsoever.
- Comprehensive Restrictions on Use and Exploitation: You are explicitly, unequivocally, and perpetually prohibited from engaging in any activity, conduct, or behavior that would constitute, or reasonably be construed as, a violation or infringement of DGMC’s, or its licensors’, intellectual property rights. Specifically, and without limitation, you are expressly forbidden from undertaking any of the following actions with respect to any content, materials, data, or information obtained, accessed, or derived from the Website, except as explicitly and unambiguously permitted in writing by DGMC:
- Modification and Derivative Works: You may not alter, adapt, modify, translate, reverse engineer, decompile, disassemble, or create any derivative works, adaptations, or modifications of any content, software, code, or materials originating from the Website, in whole or in part.
- Reproduction and Distribution: You are strictly prohibited from reproducing, duplicating, copying, distributing, redistributing, transmitting, broadcasting, publishing, republishing, publicly displaying, publicly performing, disseminating, or otherwise making available to any third party, whether for commercial gain or not, any content, information, or materials from the Website, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise.
- Commercial Exploitation: You are expressly forbidden from utilizing any content, data, information, or materials obtained from the Website for any commercial purpose, including, but not limited to, selling, licensing, renting, leasing, marketing, advertising, promoting, or generating revenue, directly or indirectly.
- Circumvention of Security Measures: You shall not attempt to circumvent, bypass, disable, or defeat any security measures, technological protections, digital rights management (DRM) mechanisms, or access controls that are implemented by DGMC to protect the Website, its content, or its intellectual property.
- Data Mining and Extraction: You are prohibited from engaging in any form of systematic or automated data mining, data extraction, data harvesting, or data scraping of any content, information, or materials from the Website, regardless of the method or technology employed.
- Removal of Proprietary Notices: You are strictly forbidden from removing, obscuring, altering, or defacing any copyright notices, trademark notices, patent markings, proprietary legends, watermarks, or other intellectual property rights notices that are embedded within, displayed on, or associated with any content or materials originating from the Website.
- Trademark Protections: The DGMC name, the WITS Donald Gordon Medical Center name, the DGMC logo, the WITS Donald Gordon Medical Center logo, and all related names, logos, product and service names, designs, slogans, trade dress, and branding elements displayed on the Website are duly registered or common law trademarks, service marks, and trade names that are legally owned, controlled, and protected by DGMC, its affiliates, or its duly authorized licensors. You are explicitly prohibited from utilizing, displaying, reproducing, or otherwise exploiting any of these protected marks in any manner whatsoever, without obtaining the express, explicit, prior, and unequivocally documented written permission directly from DGMC. All other names, logos, product names, service names, designs, and slogans appearing on this Website are the duly registered or common law trademarks, service marks, and trade names of their respective and legally recognized owners, and are similarly protected by applicable trademark laws.
DGMC is unequivocally committed to upholding the highest standards of privacy and implementing exceptionally stringent protocols for the protection of your personal data and sensitive information. Our comprehensive practices and procedures concerning the meticulous collection, responsible use, secure storage, controlled processing, and lawful disclosure of your personal information are exhaustively detailed and comprehensively articulated within our dedicated and publicly accessible Privacy Policy, which is readily available for your review directly on this Website at [Insert Link to Privacy Policy once drafted]. The Privacy Policy is hereby fully incorporated into these Expanded Terms and Conditions by explicit reference and constitutes an integral and inseparable component of this legally binding agreement.
- Full Compliance with POPIA, GDPR, and Relevant Data Protection Legislation: DGMC unequivocally and perpetually commits to maintaining full and unyielding compliance with the Protection of Personal Information Act (POPIA) of the Republic of South Africa, and, to the extent applicable, the General Data Protection Regulation (GDPR) of the European Union, as well as all other relevant and applicable data protection laws, regulations, directives, and legal precedents in all relevant jurisdictions. This unwavering commitment extends to all aspects of the processing of personal information, encompassing collection, use, storage, transfer, disclosure, and destruction, ensuring that all such activities are conducted in strict accordance with the letter and spirit of applicable data protection law.
- Implementation of Robust Data Security Measures: DGMC has implemented, and continuously maintains, a comprehensive suite of robust, industry-leading, and technologically advanced security measures that are meticulously designed and rigorously enforced to proactively protect your personal information and sensitive data from all forms of unauthorized access, accidental or unlawful loss, misuse, alteration, destruction, or unauthorized disclosure. These security measures encompass a multi-layered approach, incorporating administrative, technical, and physical safeguards that are regularly reviewed, audited, and updated to reflect evolving best practices and emerging threats in the cybersecurity landscape. However, it is expressly acknowledged and understood by all users that no method of data transmission over the publicly accessible Internet, nor any form of electronic data storage system, can be rendered absolutely, perfectly, or invulnerably secure. Consequently, while DGMC diligently employs state-of-the-art security protocols and best practices, we are unable to provide, and expressly disclaim, any absolute or unconditional guarantee of impenetrable security against all potential breaches, intrusions, or unauthorized access attempts. Users are therefore urged to exercise caution and maintain vigilance in safeguarding their personal information when interacting online.
- Utilization of Cookies and Advanced Tracking Technologies: Our Website may, and likely will, employ cookies, web beacons, pixel tags, embedded scripts, and other sophisticated tracking technologies to automatically collect, passively monitor, and meticulously analyze granular information pertaining to your Browse activities, website usage patterns, navigational behavior, and online interactions with the Website. These technologies are deployed for a variety of legitimate purposes, including, but not limited to, enhancing website functionality, personalizing user experience, optimizing website performance, conducting statistical analysis, and facilitating targeted advertising and marketing initiatives (where applicable and in compliance with privacy regulations). Comprehensive and granular details regarding our utilization of cookies and these advanced tracking technologies, including the specific types of cookies employed, their respective purposes, data retention policies, and the comprehensive range of choices and granular controls that are made available to you concerning their use (including mechanisms to manage, disable, or delete cookies), are meticulously documented and fully disclosed within our dedicated Cookie Policy, which forms an integral part of our overarching Privacy Policy and is readily accessible on the Website. Users are strongly encouraged to thoroughly review both the Privacy Policy and the Cookie Policy to gain a complete and nuanced understanding of our data collection and usage practices, as well as their rights and options in relation to their personal information and online privacy.
- Full Compliance with POPIA, GDPR, and Relevant Data Protection Legislation: DGMC unequivocally and perpetually commits to maintaining full and unyielding compliance with the Protection of Personal Information Act (POPIA) of the Republic of South Africa, and, to the extent applicable, the General Data Protection Regulation (GDPR) of the European Union, as well as all other relevant and applicable data protection laws, regulations, directives, and legal precedents in all relevant jurisdictions. This unwavering commitment extends to all aspects of the processing of personal information, encompassing collection, use, storage, transfer, disclosure, and destruction, ensuring that all such activities are conducted in strict accordance with the letter and spirit of applicable data protection law.
This Website may, for informational convenience and user reference, incorporate hyperlinks, embedded links, or other forms of interoperable connections to external, third-party websites, online platforms, digital resources, or web-based services that are demonstrably not owned, operated, controlled, or endorsed by DGMC. These external links are provided exclusively for your informational convenience and as a supplementary resource to potentially enhance your overall online experience.
- Unequivocal Disclaimer of Endorsement and Liability: DGMC explicitly, unequivocally, and emphatically disclaims any and all forms of endorsement, sponsorship, affiliation, approval, or warranty, whether express or implied, with respect to the content, accuracy, completeness, reliability, validity, legality, suitability, quality, safety, privacy policies, data security practices, or operational methodologies of any and all third-party websites, online platforms, digital resources, or web-based services to which links may be provided on this Website. You, as the user, hereby irrevocably acknowledge, fully understand, and affirmatively agree that DGMC shall not, under any circumstances, be held responsible or legally liable, whether directly or indirectly, vicariously or derivatively, for any form of damage, loss, harm, injury, cost, expense, or liability of any nature whatsoever, whether tangible or intangible, pecuniary or non-pecuniary, direct or consequential, incidental or punitive, that may be actually or allegedly caused by, arising out of, or in any way connected with, your access to, utilization of, reliance upon, or inability to access or utilize, any content, information, goods, products, services, or functionalities that are made available on, through, or via any such third-party websites, online platforms, digital resources, or web-based services. This comprehensive disclaimer of responsibility and liability extends to, without limitation, any claims of negligence, breach of contract, breach of warranty, strict liability, product liability, misrepresentation, or any other legal theory or cause of action.
- User Assumes All Risks – Independent Due Diligence Required: Your decision to access, utilize, or interact with any third-party websites, online platforms, digital resources, or web-based services that are linked to from this Website is undertaken entirely voluntarily and at your sole, exclusive, and unmitigated risk. DGMC provides these links solely as a matter of convenience and informational resource, and does not, in any way, mandate, encourage, or recommend that users access or utilize these external resources. It is your affirmative, non-delegable, and ongoing responsibility to exercise utmost caution, prudence, and independent due diligence prior to engaging with any third-party website or online service. Prior to any interaction, you are strongly and unequivocally advised to meticulously review, thoroughly understand, and fully accept the legally binding terms and conditions of use, as well as the comprehensive privacy policies and data security practices, that are promulgated and enforced by the operators and owners of those respective third-party websites before proceeding with any access, Browse, usage, or transaction. DGMC bears absolutely no responsibility for your failure to conduct such independent due diligence or for any adverse consequences that may arise from your utilization of third-party websites without adequate prior investigation and informed consent.
7. Comprehensive and Stringent Limitation of Liability – Maximum Extent Permitted by Law
To the maximum extent legally permissible and authorized under applicable mandatory law in all relevant jurisdictions, DGMC, its parent company, subsidiaries, affiliates, related entities, successors, assigns, officers, directors, employees, agents, representatives, consultants, advisors, suppliers, vendors, licensors, and any other party acting on its behalf (collectively, the “DGMC Parties”), shall not, under any circumstances, be held liable or legally responsible for any form of damages, losses, costs, expenses, or liabilities, whether direct, indirect, incidental, special, consequential, exemplary, punitive, or of any other nature or character whatsoever, including, but not limited to, damages for loss of profits, loss of revenue, loss of business opportunities, loss of data, loss of use, loss of goodwill, business interruption, personal injury, emotional distress, or any other intangible or economic losses, regardless of whether such damages were foreseeable or unforeseeable, and irrespective of the legal theory or cause of action upon which such liability is predicated (whether in contract, tort, delict, negligence, strict liability, product liability, statutory duty, or otherwise), arising out of, relating to, or in any way connected with:
- Website Usage and Accessibility Issues: Your access to, utilization of, or complete and permanent inability to access or utilize, the Website, or any portion thereof, for any reason whatsoever, including, but not limited to, technical malfunctions, system failures, network outages, scheduled or unscheduled maintenance, force majeure events, or any other circumstances beyond DGMC’s reasonable control.
- Unauthorized Access and Data Breaches: Any form of unauthorized access to, intrusion into, or unlawful use or compromise of DGMC’s servers, network infrastructure, databases, data storage facilities, or any and all personal information, confidential data, or sensitive information that may be stored, processed, or transmitted therein, irrespective of whether such unauthorized access or data breach was caused by malicious third-party actors, internal negligence, system vulnerabilities, or any other factor.
- Website Interruptions and Service Cessation: Any temporary or permanent interruption, suspension, cessation, termination, or degradation of transmission to or from the Website, or any disruption in the availability, functionality, or performance of the Website, or any of its features, services, or content, regardless of the duration, cause, or nature of such interruption or cessation.
- Malicious Code Contamination: The transmission, propagation, or introduction of any computer viruses, software worms, logic bombs, time bombs, Trojan horses, malware, spyware, adware, ransomware, or any other form of malicious code, harmful software, or technologically destructive items or components that may be transmitted to, through, or from our Website by any third party, including, but not limited to, users, hackers, or malicious actors, and any resulting damage, loss, or harm caused thereby to your computer systems, devices, software, data, or business operations.
- Content Errors and Omissions – Medical Information Specific Disclaimer: Any errors, inaccuracies, omissions, ambiguities, or misleading statements contained within any content, information, or materials presented on the Website, or for any form of loss, damage, harm, injury, or liability of any kind, nature, or description whatsoever that may be actually or allegedly incurred, sustained, or suffered by you, or any third party, as a direct or indirect result of your access to, utilization of, or reliance upon any content, information, or materials posted, transmitted, disseminated, or otherwise made available via the Website, including, but not limited to, any medical or health-related content or information, or any reliance placed upon such medical or health-related content or information. For the avoidance of any doubt, and without limiting the generality of the foregoing, DGMC explicitly disclaims all liability for any adverse health outcomes, medical complications, or detrimental consequences that may arise from your use of, or reliance upon, any medical or health-related information presented on this Website, as such information is provided for general informational purposes only and is not intended to constitute, nor should it be construed as, professional medical advice, diagnosis, or treatment.
Under no circumstances whatsoever shall the aggregate, cumulative, and total liability of the DGMC Parties to you, for all damages, losses, costs, expenses, and causes of action of every kind, nature, and description (whether sounding in contract, tort, delict, negligence, strict liability, or otherwise), ever exceed the demonstrably proven and directly attributable amount of monetary consideration, if any, that was actually and demonstrably paid by you, in direct exchange for the express privilege and limited license to access and utilize the Website in accordance with these Expanded Terms and Conditions. In jurisdictions where limitations of liability are not permitted to the full extent set forth herein, the liability of the DGMC Parties shall be limited to the maximum extent legally permissible under applicable mandatory law.
To the maximum extent legally permissible and authorized under applicable mandatory law in all relevant jurisdictions, DGMC, its parent company, subsidiaries, affiliates, related entities, successors, assigns, officers, directors, employees, agents, representatives, consultants, advisors, suppliers, vendors, licensors, and any other party acting on its behalf (collectively, the “DGMC Parties”), shall not, under any circumstances, be held liable or legally responsible for any form of damages, losses, costs, expenses, or liabilities, whether direct, indirect, incidental, special, consequential, exemplary, punitive, or of any other nature or character whatsoever, including, but not limited to, damages for loss of profits, loss of revenue, loss of business opportunities, loss of data, loss of use, loss of goodwill, business interruption, personal injury, emotional distress, or any other intangible or economic losses, regardless of whether such damages were foreseeable or unforeseeable, and irrespective of the legal theory or cause of action upon which such liability is predicated (whether in contract, tort, delict, negligence, strict liability, product liability, statutory duty, or otherwise), arising out of, relating to, or in any way connected with:
- Website Usage and Accessibility Issues: Your access to, utilization of, or complete and permanent inability to access or utilize, the Website, or any portion thereof, for any reason whatsoever, including, but not limited to, technical malfunctions, system failures, network outages, scheduled or unscheduled maintenance, force majeure events, or any other circumstances beyond DGMC’s reasonable control.
- Unauthorized Access and Data Breaches: Any form of unauthorized access to, intrusion into, or unlawful use or compromise of DGMC’s servers, network infrastructure, databases, data storage facilities, or any and all personal information, confidential data, or sensitive information that may be stored, processed, or transmitted therein, irrespective of whether such unauthorized access or data breach was caused by malicious third-party actors, internal negligence, system vulnerabilities, or any other factor.
- Website Interruptions and Service Cessation: Any temporary or permanent interruption, suspension, cessation, termination, or degradation of transmission to or from the Website, or any disruption in the availability, functionality, or performance of the Website, or any of its features, services, or content, regardless of the duration, cause, or nature of such interruption or cessation.
- Malicious Code Contamination: The transmission, propagation, or introduction of any computer viruses, software worms, logic bombs, time bombs, Trojan horses, malware, spyware, adware, ransomware, or any other form of malicious code, harmful software, or technologically destructive items or components that may be transmitted to, through, or from our Website by any third party, including, but not limited to, users, hackers, or malicious actors, and any resulting damage, loss, or harm caused thereby to your computer systems, devices, software, data, or business operations.
- Content Errors and Omissions – Medical Information Specific Disclaimer: Any errors, inaccuracies, omissions, ambiguities, or misleading statements contained within any content, information, or materials presented on the Website, or for any form of loss, damage, harm, injury, or liability of any kind, nature, or description whatsoever that may be actually or allegedly incurred, sustained, or suffered by you, or any third party, as a direct or indirect result of your access to, utilization of, or reliance upon any content, information, or materials posted, transmitted, disseminated, or otherwise made available via the Website, including, but not limited to, any medical or health-related content or information, or any reliance placed upon such medical or health-related content or information. For the avoidance of any doubt, and without limiting the generality of the foregoing, DGMC explicitly disclaims all liability for any adverse health outcomes, medical complications, or detrimental consequences that may arise from your use of, or reliance upon, any medical or health-related information presented on this Website, as such information is provided for general informational purposes only and is not intended to constitute, nor should it be construed as, professional medical advice, diagnosis, or treatment.
Under no circumstances whatsoever shall the aggregate, cumulative, and total liability of the DGMC Parties to you, for all damages, losses, costs, expenses, and causes of action of every kind, nature, and description (whether sounding in contract, tort, delict, negligence, strict liability, or otherwise), ever exceed the demonstrably proven and directly attributable amount of monetary consideration, if any, that was actually and demonstrably paid by you, in direct exchange for the express privilege and limited license to access and utilize the Website in accordance with these Expanded Terms and Conditions. In jurisdictions where limitations of liability are not permitted to the full extent set forth herein, the liability of the DGMC Parties shall be limited to the maximum extent legally permissible under applicable mandatory law.
You, as the user, hereby expressly, unequivocally, and perpetually agree to fully, completely, and effectively indemnify, robustly defend, and perpetually hold absolutely harmless the DGMC Parties (collectively and individually), including, but not limited to, DGMC, its affiliates, officers, directors, employees, agents, suppliers, and licensors, from and against any and all claims, demands, actions, proceedings, lawsuits, judgments, liabilities, obligations, damages, losses, penalties, fines, forfeitures, costs, expenses, and fees of every kind, nature, and description whatsoever (including, without limitation, all reasonable and demonstrably incurred attorneys’ fees, legal costs, expert witness fees, investigation expenses, settlement payments, and disbursements), whether foreseeable or unforeseeable, direct or indirect, consequential or incidental, that may be asserted, alleged, claimed, imposed, incurred, sustained, or suffered by any person or entity, including, but not limited to, third parties, governmental authorities, regulatory agencies, or other users, arising out of, relating to, or in any way connected with:
- Your Use and Misuse of the Website: Your access to, utilization of, misuse of, or inability to use the Website, or any portion thereof, in any manner that is inconsistent with, violative of, or not expressly authorized by these Expanded Terms and Conditions, or applicable law.
- Breach of Terms and Conditions: Your actual, alleged, or threatened breach, violation, contravention, or non-compliance with any term, condition, covenant, obligation, representation, or warranty set forth in these Expanded Terms and Conditions, whether such breach is material or immaterial, intentional or unintentional, negligent or willful.
- Violation of Laws and Third-Party Rights: Your actual or alleged violation or infringement of any applicable local, provincial, national, international, or supranational law, statute, regulation, ordinance, directive, or legal precedent, or the rights of any third party, including, but not limited to, intellectual property rights, privacy rights, contractual rights, or any other legal or equitable rights.
- User-Generated Content and Information: Any content, data, information, or materials that you, directly or indirectly, submit, transmit, post, upload, disseminate, publish, or otherwise make available through the Website, or in connection with your use of the Website, including, but not limited to, any claims of defamation, libel, slander, invasion of privacy, violation of publicity rights, copyright infringement, trademark infringement, or any other legal claims arising from or relating to such content, data, information, or materials.
This comprehensive indemnification obligation shall extend to, and encompass, the full defense of any such claims, demands, actions, or proceedings, and shall include the payment of all judgments, settlements, damages, losses, costs, expenses, and fees ultimately awarded or incurred in connection therewith. DGMC reserves the absolute right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with DGMC in asserting any available defenses.
These Expanded Terms and Conditions, and any and all disputes, controversies, disagreements, claims, or causes of action arising out of, relating to, or in connection with them, their subject matter, their formation, their interpretation, their performance, their breach, their termination, or any other aspect thereof (including, without limitation, any non-contractual disputes or claims), shall be exclusively governed by, construed, interpreted, and enforced in accordance with the substantive laws of the Republic of South Africa, without regard to its conflict of laws principles or rules that might otherwise refer to the laws of another jurisdiction.
You, as the user, hereby irrevocably, unconditionally, and exclusively consent and submit to the sole and exclusive jurisdiction of the competent courts situated in the Republic of South Africa, specifically agreeing that such courts shall possess exclusive jurisdiction to adjudicate, resolve, determine, and settle any and all disputes, controversies, disagreements, claims, or causes of action arising out of, relating to, or in connection with these Expanded Terms and Conditions, or your use of the Website. You further irrevocably waive, to the fullest extent permitted by applicable law, any and all objections that you may now or hereafter have to the laying of venue in, or the exercise of personal jurisdiction by, such courts, and you further agree not to claim or assert in any such court that such forum is inconvenient, improper, or otherwise inappropriate.
DGMC expressly and unequivocally reserves the absolute, unilateral, and unfettered right, at its sole and exclusive discretion, to revise, amend, modify, alter, supplement, or update these Expanded Terms and Conditions from time to time, at any future point in time, and without any obligation to provide prior, direct, individual, or specific notice to any user. All such changes, revisions, amendments, modifications, supplements, or updates shall become fully effective and legally binding immediately upon their posting on the Website, and shall apply prospectively to all access to, and continued use of, the Website thereafter.
Your continued access to, Browse of, or utilization of the Website following the conspicuous posting of any revised, amended, modified, supplemented, or updated Expanded Terms and Conditions unequivocally signifies, and shall be conclusively deemed to constitute, your full, complete, and unconditional acceptance of, and agreement to be legally bound by, all such changes, revisions, amendments, modifications, supplements, or updates in their entirety and without reservation. It is your affirmative, ongoing, and sole responsibility to proactively, diligently, and periodically check, review, and familiarize yourself with this page to remain continuously aware of any and all changes, modifications, or updates to these Expanded Terms and Conditions, as they are, at all times, legally binding and fully enforceable upon you.
These Expanded Terms and Conditions, in their entirety and together with the incorporated Privacy Policy, constitute the complete, exclusive, and fully integrated agreement between you, as the user, and DGMC with respect to the Website and your access to and utilization thereof. This comprehensive agreement expressly supersedes, and entirely replaces, all prior or contemporaneous communications, negotiations, discussions, agreements, understandings, representations, warranties, and proposals, whether oral or written, express or implied, between you and DGMC, relating to the subject matter hereof. No prior agreements, understandings, or representations, even if documented or communicated, shall have any legal force or effect to modify, amend, interpret, or supersede the provisions of these Expanded Terms and Conditions, unless expressly incorporated herein by written amendment duly executed by authorized representatives of both parties.