AFFINITY HEALTH TERMS OF SERVICE (“Terms”)
Please read these Terms and Conditions carefully before using the Affinity Health Mobile App (the “Service”) operated by Affinity Health (Pty) Ltd (“The Service Provider”).
By downloading, accessing or using the Service, you, the user agrees to be bound by these Terms, and the user’s access to and use of the Service is conditioned on their acceptance of and compliance with these Terms. Should the user disagree with any part contained in these Terms the user may not access the Service.
This Service is offered for the user’s own personal use, but the user should be aware that they cannot send it on to anyone else, and may not be allowed to copy, or modify any part of the Service, and/or the Service Providers’ trademarks in any way. The user is not allowed to attempt to extract the source code of the Service, and the user may not translate the Service into other languages, or make derivative versions. The Service itself, and all the trademarks, copyright, database rights, software, graphics, user interface and other intellectual property rights related to it, belong to Affinity Health (Pty) Ltd, and any other unauthorised use thereof may constitute a crime in terms of the law of the Republic of South Africa. The user shall not use such proprietary information or materials in any way whatsoever except for the use of the Service in compliance with this Agreement.
CONSENT TO USE OF DATA
The User agrees that both the Service Provider may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of your Android/iPhone Device, system and service software, and peripherals, as well as personal information, user location data and user content (collectively, “User Data”) to facilitate the provision of the services or functionality of the Service, including but not limited to authentication, performance optimization, software updates, product support and other services to you related to the Service or to otherwise improve the Service Provider’s ability to provide other services (if any) to the user related to the Service. The user acknowledges that the use of the Service may result in User Data being transmitted between your Android/iPhone Device and a database service designated by the Network Provider and/or transmitted or disclosed to or accessed by the Service Provider. Without limiting the foregoing, the user acknowledges that:
(a) information regarding the hardware model and the Android/iPhone version of the Android/iPhone Device on which the user is running the Service may be collected, transmitted to and stored on a database server designated by the Network Provider, may be transmitted to the Service Provider and may be used to make changes, updates or improvements to or optimize the performance of the Service or to otherwise inform future development; and
(b) audit logs reflecting your logins, logouts and the activities you have accessed through your use of the Service may be generated in connection with your use of the Service may be collected, transmitted and stored on a database server designated by Your Network Provider. Your User Data may also be made available to the Service Provider for troubleshooting by the user’s use of the Service, the user indicates their continued consent to such collection, storage, processing maintenance, uploading, syncing, transmitting, sharing, or disclosure of User Data as well as collection, storage, transmission and use of data.
CHANGES AND UPDATES
The Service Provider may revise the information in this Service, or otherwise change or update the Service including these Terms, without notice to the user. The Service Provider may also make improvements and/or changes in services and functionalities or add new features at any time without notice. The Service Provider encourages the user to periodically read these Terms to see if there have been any updates or amendments to any policies that may affect the user. The user’s continued use of this Service will signify their continued agreement to these Terms as they may be revised.
LINKS TO THIRD PARTY SERVICES
Should the user wish to purchase the Service, such Service may be billed on a subscription basis, and the user may be required to supply the Service Provider with certain information relevant to the purchase, including but not limited to the users’:
(a) full name, age, identity number and location;
(b) Play Store/App Store user name and password;
The Service Provider has several tools that allows the user to record and store information. The user is responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to the Service password or account. It is the user’s sole responsibility to:
(a) control the disclosure and use of your activation codes and password;
(b) authorise, monitor, and control access to and use of the Service account and password;
(c) promptly inform the Licensor of any need to deactivate a password.
SECURITY AND CONFIDENTIALITY
The Service Provider affords the same degree of confidentiality to information stored on the Service as is given to information stored by the Service Provider in any other medium. The Service Provider is committed to protecting the confidentiality of the users’ information. The Service Provider limits its employees’ access and ability to enter or view information based upon their role in the user’s care. The Service Provider has taken steps to make all information it receives as secure as possible against unauthorised access, use, or disclosure from any unauthorised individuals.
The Service may allow the user to post, link, store, share or otherwise make available certain information, text, graphics, videos or other material (“Content”). The user may not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party. In consideration of being allowed to use the Service, the user agrees that the following actions shall constitute a material breach of these Terms, and the Service Provider shall have a right to unilaterally terminate a users’ account:
(a) signing on as or impersonating another person;
(b) using secure messaging for any purpose in violation of the laws of the Republic of South Africa or Service Provider policies;
(c) transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others;
(d) transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including the Service Providers’ employees) or entity as determined by the Service Provider in its sole discretion;
(e) using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
(f) collecting information about others, including e-mail addresses;
(g) intentionally distributing viruses or other harmful computer code; and
(i) the Service Provider reserves the right, in its sole, to terminate a user’s access to the Service due to any act delineated above, or any act that would constitute a violation of these Terms.
The Service Provider respects the intellectual property rights of others and expects its users to do the same. In terms of the relevant laws of the Republic of South Africa, the Service Provider will respond expeditiously to claims of copyright infringement committed whilst using the Service, if such claims are reported to the Service Provider. If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on the Service to the Service Provider, whereafter the Service Provider will take whatever action, in its sole discretion, it deems appropriate.
LIMITATION ON LIABILITY AND INDEMNITY
(a) The Service Provider shall not be responsible or liable for any direct, indirect, incidental, consequential or any other damages arising out of or relating to the Service and any content or information contained within the Service, and/or any Third Party site. The Service shall only be effective within the borders of the Republic of South Africa, and the Service Provider shall not be liable for any damages relating to the availability/non-availability of an operator, and/or the connection to an operator during a call or any other method of communication.
(b) While the Service Provider makes every effort to ensure that the content and information on the App is complete, accurate and up to date, it makes no guarantee about the suitability of the products and services on the App or whether they are completely accurate or appropriate.
(c) The user agrees that all information on the App, including products, services or any terms or conditions relating thereto, may change and the user therefore agrees that any calculations made on the App, (including any relating to the user’s health) are estimates and are meant as guidelines only and may no way be relied upon.
(d) All products and services provided on the App are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions. The Service Provider is providing these links to the user only as a convenience, and you agree that the inclusion of links does not imply an endorsement by the Service Provider of the linked App, website or portal, their business or security practices, or any association with its operators.
(a) The user expressly acknowledges and agrees that the use of the Service and reliance on the operation, output or results of the Service is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy and effort is with the user. The Service Provider hereby disclaims all warranties and conditions with respect to the Service. The Service Provider takes all reasonable steps to protect a user’s personal information and maintain confidentiality, including the use of encryption technology. However, the Service Provider can in no way guarantee the security or integrity of any information and the user agrees that you do this at your own risk.
(b) It is very important that you acknowledge and understand that the information included on the App should not to be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your financial adviser should you require any financial services or financial products.
By accessing and using the App, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.