Terms and Conditions

You are encouraged to read these terms and conditions of use carefully before using this site, as the use by you of this site brings into being a legally binding agreement by and between yourself and the Practice upon the terms and conditions set out herein, as contemplated and provided for in the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

The use of non-malicious search technology, such as, but not limited to, “web-crawlers” or “web-spiders”, to search and gain information from this site is not permitted without the Practice’s prior written consent.

You acknowledge that information transmitted via the Internet, including without limitation, electronic mail, is susceptible to monitoring and interception. You are accordingly discouraged from transmitting to the Practice any information that may be confidential, proprietary or sensitive. 

You will bear all risk of transmitting such information in this manner and under no circumstances will the Practice or any of its associates, shareholders, directors, employees and the like be liable for any loss, harm or damage suffered by you as a result thereof. 

The Practice will have the right to request independent verification of any information transmitted electronically and you, by these terms and conditions, authorise and consent to such verification should the Practice deem it necessary. 

Any information or material sent to this site will be deemed not to be confidential, unless otherwise agreed in writing by you and the Practice.

You are expressly prohibited from gaining or attempting to gain unauthorised access to any page on or part of this site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this site. If you deliver or attempt to deliver any unauthorised, damaging or malicious code to this site or attempt to gain unauthorised access to any page or part of this site a complaint will be laid against you to be criminally charged and, and in the event the Practice suffers any damage or loss, a civil damages claim will be proceeded with against you.

 
You are solely responsible for maintaining the confidentiality and security of your user name, password and/or account, if and where applicable, accepting full responsibility, accountability and liability for all activities that occur under your name and to this extent:

-   you are responsible for maintaining and promptly updating the registration data and any other information you provide the Practice, thereby keeping it current, accurate and complete;

-   if you believe the security of your account has been compromised in any way, you will immediately notify info@aiem.co.za;

-   if you believe that information or content published on the site infringes on any persons’ rights in any way, you will immediately notify info@aiem.co.za; and/or

-   you will be held fully responsible for any misuse or compromise to your account which info@aiem.co.za was not properly and timeously notified about.

You may not use this site or any of the site’s material for or in conjunction with any illegal, unlawful or immoral purpose or as prohibited by these terms and conditions of use. 

You undertake to comply with all the laws, rules and regulations regarding online conduct in the Republic of South Africa and, to the extent you are accessing the site outside of the Republic of South Africa, you are to also comply with the laws, rules and regulations of your country. 

In the event that you link to any page on this site or are permitted to frame this site or any of the pages on this site or any part thereof, in any way whatsoever, you:

-   undertake to acknowledge the Practice and the specific reference, if applicable, as your source;

-   do so at your own risk; and

-   hereby indemnify the Practice against any loss, liability or damage that may arise as a result of the use of content, products and/or services from the site. 

You undertake to adhere to generally acceptable Internet and electronic mail etiquette. In this regard, without limitation to the examples listed below, you undertake not to:

-   engage in any abuse of electronic mail or spamming, including (without limitation) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;

-   engage in any activity intended to entice, solicit or otherwise recruit users of the site to join an organisation except where such activities are expressly authorised, in writing, by the Practice and permitted in terms of the laws of the Republic of South Africa and, if you are accessing the site from another country, the laws also of your country;

-   take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the products and/or services, including but not limited to phishing;

-   impersonate any other person or use a false or unauthorised name so as to create a false identity and/or electronic mail address or to misrepresent the origin or identity of any communication to the site and/or its owner;

-   modify, access or make available any data stored on a computer device which has been accessed through the site;

-   make available or upload files that contain software or any other material not owned or appropriately licensed to you;

-   use the site, products and/or services or the site to post or transmit, by means of listings, reviews, comments, suggestions, ideas, questions or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexually explicit or which carries child pornography, religious or racial slurs, racially, ethnically or otherwise objectionable in any way or threatens or encourages bodily harm or the like or which may violate any person's personality rights;

-   use the site, products and/or services to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";

-   use the site, products and/or services in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others, including (without limitation) the transmission of pirated software;

-   use the site, products and/or services in any manner which could damage, impair, overburden or disable the site and/or the products and/or services or interfere with any other party's use or enjoyment of the products and/or services;

-   use the site, products and/or services to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

-   gather electronic mail addresses and/or names for commercial, political, charitable or like purposes or use the site, products and/or services to collect or attempt to collect personal information about third parties without their knowledge or consent;

-   violate the privacy of any person or attempt to gain unauthorised access to the site, products and/or services or any other website or network, including (without limitation) through hacking, password mining or any other means;

-   use the site, products and/or services to engage in any illegal or unlawful activity;

-   use any robot, spider, other automatic device or technology, or manual process or similar data gathering and extraction tools to monitor or copy portions of the site for any non-personal or commercial use;

-   use any meta tags or other “hidden text” utilizing the the Practice names or trademarks, without the prior written consent of the Practice;

-   frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Practice and its affiliates, without the prior written consent of the Practice;

-   collect or use any listings, descriptions or price lists from the site for the benefit of a competing merchant that supplies products or services comparable to those advertised on the site; and/or

-   act in any way which may, could or does impose an unreasonable or unusually large load of traffic on the site, or otherwise interferes with its proper and timely functioning.

Should you engage in any one or more of the above practices, the Practice will be entitled, without prejudice to any other rights it may have, to:

-   without notice, suspend or terminate your access to the site, products and/or services;

-   charge, invoice and reclaim from you all reasonable costs it has incurred pursuant to or arising from your aforementioned activities, including (without limitation) bandwidth, administration costs, downtime, usage of name or registered domain name; and/or

-   notwithstanding the Privacy Policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Information, ideas and opinions expressed on this site are general in nature and must not be regarded as specific medical advice. You are solely responsible and strongly advised to seek other professional medical advice before acting on such information, particularly with respect to any specific scenario or set of circumstances.

To the fullest extent permissible by law and subject to the provisions of the South African Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, the Practice disclaims all warranties of any kind, whether express or implied, including, without limitation, fitness for a particular purpose, in respect of this site and any and all information hereon.

The Practice does not warrant that:

-   the functions and/or information contained on this site will meet your requirements or operate in every combination selected by you for use, will be uninterrupted, timely, secure or error free, that any defects or errors will be corrected or that this site or the server that makes it available is free of viruses or other harmful components;

-   this site or its information will provide specific results from use thereof or any content, search or link within them or that the results that may be obtained from the use of this site will be accurate or reliable;

-   to the fullest extent permissible under law, your use of this site and reliance on any information, services, products and/or materials available on or procured or accessed through this site is entirely at your own risk;

-   although all reasonable steps are taken to verify information presented on the site, the Practice does not represent or warrant that any advice, opinion, statement or other information contained in, displayed on, linked to or distributed through this site is applicable to or suitable for application to any specific scenario or set of circumstances - any reliance upon any such opinion, advice, statement or information will be at your sole risk;

-   the Practice will be entitled, at any time and from time to time, to correct any errors or omissions in any portion or part of this site, including, without limitation, any information; and/or

-   to the fullest extent permissible by or in law and subject to the provisions of the South African Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended,:

• under no circumstances whatsoever, including as a result of any negligent acts or omissions or those of the Practice’s servants, agents or contractors or other persons for whom in law it may be liable, will the Practice or its servants, agents or contractors or other persons for whom in law the Practice may be liable (in whose favour this constitutes a stipulation for the benefit of another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (including without limitation, loss of profits), damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the site or any information, service and/or product hereon or hereof; and/or
• no claims or legal action arising out of, or related to, the use of this site, any information, service and/or product hereon or hereof or these terms and conditions of use may be brought by you more than 3 (three) years after the cause of action relating to such claim or legal action arose.

As this site is controlled, managed and maintained from the Republic of South Africa these terms and conditions of use will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

You irrevocably and unconditionally consent:

-   to the jurisdiction of the Magistrates Court where the Practice’s head office is located even though the value of your claim may exceed the ordinary monetary jurisdiction of the Magistrates Court; and

-   and submit to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg or its successor in name or title, as the case may be.

The Practice chooses the addresses stipulated in the Compliance Section of this site for all communication purposes under these terms and conditions of use, whether in respect of court process, notices or other documents or communications of whatsoever nature. You chose the addresses given in your registration data, if applicable.

If you breach any of these terms and conditions of use, the Practice will be entitled, but not obliged, to immediately, automatically and without notice to you, terminate your use of and access to the site, and/or prohibit your future access to and/or use of the site, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief and/or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising.

Upon termination of these terms and conditions of use, all rights which may have been granted to you pursuant hereto, will immediately and automatically revert to the Practice.

These terms and conditions of use and this agreement will be deemed to have been concluded in Johannesburg at the time you access the site for the first time.

Data messages addressed by you to the Practice will be deemed to have been: 

-   received if and when responded to; and

-   sent by you within the geographical boundaries of the Republic of South Africa.

You will be deemed to have received data messages addressed to you by the Practice as prescribed in section 23(b) of the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, namely when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee.

Notwithstanding any other provision of these terms and conditions of use, electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and the Practice.

You warrant that all data messages that you send to the Practice from a computer, Internet Protocol address or mobile device normally used by you, was sent and/or authorised by you personally.

These terms and conditions of use constitute, to the fullest extent permissible by law, prima facie proof (meaning in the absence of further evidence) the whole agreement between you and the Practice relating to your access to and use of this site.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms and conditions of use which the Practice may show, grant or allow you will operate as an estoppel (meaning to prevent or deny the Practice from taking action) against you in respect of its rights under these terms and conditions of use nor will it constitute a waiver by the Practice of any of its rights and the Practice will not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.

Nothing in these terms and conditions of use will create any relationship of agency, partnership or joint venture between you and the Practice and you cannot and hereby undertake not to hold yourself out as our agent or partner or as being in a joint venture with the Practice.

To the extent that any provision of these terms and conditions of use is held to be illegal, invalid or unenforceable for any reason, such provision will be deemed to be pro non scripto (meaning as though it had not been written), but without affecting or invalidating any of the remaining provisions of these terms and conditions of use, which will continue to be of full force and effect.