Terms and conditions regulating use of EmergiDisc, and other website, system and services offered by shapehealth
“Website” means the website available at the domain www.emergidisc.co.za, www.shapehealth.co.za; www.drbeauty.co.za, www.emergidisc.com, www.clicksyringe, www.uniclick.co.za
“you” are the person registering on the Website;
“we / us” are Shape (Pty) Ltd, a company registered and incorporated according to the laws of South Africa;
“Services” means services provided by us relating to the Website;
“System” means the system used by Shape to make the Website and Services available; and
“Recipients” means: (i) third party emergency personnel (including, without limitation, ambulance personnel, fire fighters, paramedics, doctors, nurses, policemen ; (ii) persons assisting third party emergency personnel (including, without limitation, operators); (iii) your vehicle insurance company; and (iv) your medical insurance / aid company, that have registered as such on the System.
The Website, Services and System are provided “as is” and “as available”.
You acknowledge that:
the Website, Services and System may have defects and/or may malfunction and that the Website, Services and System may be interrupted, and that we are not obliged to remedy such defects, malfunctions or interruptions;
the Services may not be compatible with certain mobile phones or telecommunication networks; and
the Services may not be available in all geographical areas.
Undertakings by you
You undertake not to:
sell, resell or otherwise deal with the Services in any manner whatsoever;
make use of the Website, Services or System available to any other person who has not accepted these terms and conditions; or
use the Website, Services or System for commercial purposes.
We do not warrant that the Website, Services or System do not infringe the intellectual property of third parties, and we assume no obligation to defend or indemnify you against any claim based on your use of the Website, Services or System.
Limitation of liability and warranties
You agree to use the Website, Services and System at your own risk.
We do not warrant that:
the Website, Services and System will meet your requirements;
data will properly and accurately be transmitted by our System to Recipients or your next of kin;
operation of the Website and System and/or provision of the Services will be uninterrupted or error-free; or
communications to Recipients or your next of kin are secure.
In no instance, will we be liable to restore or correct data.
The remedies contained in these terms and conditions are your sole remedies available relating to the Website, Services and System and/or use thereof and are in place of all other warranties, conditions or other terms expressed or implied by statute or otherwise, all of which are hereby excluded to the fullest extent permitted by law. All other warranties, conditions, representations, indemnities and guarantees with respect to the Website, Services and System, whether express or implied, arising by law, custom, prior oral or prior written statements by us (including our distributors or resellers) or otherwise (including, but not limited to, any warranty for merchantability or fitness for particular purpose) are hereby overridden, excluded and disclaimed by us and we will not be liable in respect of any related claims or damages howsoever arising. In particular, and without derogating from the generality of this provision, under no circumstances will we, our directors, officers, employees, servants, contractors or agents be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, whatsoever, including, without limitation, such damages or lost profits based on claims of yours (including, but not limited to claims for loss of goodwill, use of money or use of such Website, Services and/or System) arising out use of the Website, Services and/or System; loss of data; interruption of use or availability of the Website, Services or System, failure or malfunction of the System, telecommunication facilities (including any network or provider of telecommunication services) or hardware; stoppages or other impairment of other assets; bugs, inadvertent errors, defects or malfunctions in the System; viruses, spyware or addware on your phone; breach or failure of express or implied warranties; breach of contract; misrepresentation; negligence and strict liability in delict.
You hold harmless and indemnify us and our directors, officers, employees, servants, contractors and agents against damage, cost or expense (including reasonable attorney fees) arising from any claim, demand, assessment, action, suit or proceeding relating to the Website, Services and/or System (or use thereof) that is based on your conduct, action or inaction or a breach of this agreement by you.
Personal information and disclosures to recipients and next of kin
We will use your personal information to communicate with you and provide the Services to you.
We will use reasonable efforts to determine whether a person registering as a Recipient on our system satisfies the qualifying criteria detailed in the definition of Recipient.
Should a Recipient request your information from us, we will:
Confirm his/her identity by reference to our database
thereafter communicate your information to him/her.
You consent to us:
contacting your next of kin should we on reasonably grounds determine that you have been involved in an accident or an emergency; and
disclosing your information and details of such accident or emergency to such person(s).
You also agree that, should we be: (i) requested by the police or other regulatory or government authority (“Authority”) investigating suspected illegal activities; or (ii) otherwise be compelled by law, we may provide your personal information in our possession or control (including: information provided by you to us, and information regarding your activity on the System) to the Authority / as compelled by law without first notifying you.
Correctness of information
You warrant that the information that you provide to us is true, accurate and correct. And, you undertake immediately to communicate to us any changes in such information by updating your profile.
These terms and conditions will remain in force for as long as you use the Website, Services or System. However:
we may terminate use of the Website, Services and/or System on 24 hours’ notification via email ;
We may terminate use of the Website, Services and/or System with immediate effect and without notice following breach by you of any provision contained herein.
You may terminate your account by deactivation whereupon we will cease to make your information available to third parties.
YOU ACKNOWLEDGE THAT:
YOU ARE OVER 18 YEARS OF AGE; AND
YOU HAVE READ THE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
“I ACCEPT” / – in this regard you acknowledge the above terms on registration
“DECLINE” – in this regard Please send us an email to email@example.com if you decline and please inform us of details thereof so we can address the problems accordingly and assist you and future clients with any questions, uncertainties and problems.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.
Provide us with feedback on our products or services
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We do not include or offer third-party products or services on our website.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
• DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
• By emailing us
• By logging in to your account
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 1 business day
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
firstname.lastname@example.org and we will promptly remove you from ALL correspondence.
17 Smith Street, Bedfordview, 2007
Johannesburg, Gauteng 2007
+27 11 622 8649
Last Edited on 2017-03-05