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TERMS AND CONDITIONS GOVERNING THE USE OF THIS APPLICATION
RECORDAL: The following terms and conditions (the “Terms and Conditions”), and our Privacy Policy (collectively
referred to as “the Agreement”) govern your use of this application, and any content or services made available
from or through the theatre booking platform (the “Application”). The Application is made available by Life
Healthcare Group (Pty) Ltd (“Life Healthcare” or “our” or “we” or “us”) for purposes of booking theatre slates
(“Permitted Purpose”). Please read these Agreement carefully. The Agreement contains important contractual
rights, obligations and conditions between you and Life Healthcare. BY CLICKING “ACCEPT” (OR SIMILAR
BUTTON) AND / OR USING THE APPLICATION, YOU ACCEPT AND AGREE TO THE AGREEMENT AS APPLIED TO
YOUR USE OF THE APPLICATION AND ACCEPT THE AGREEMENT AS VALID AND BINDING. If you do not agree to
the Agreement, you may not access or otherwise use the Application.
YOUR RESPONSIBILITIES: You shall be responsible for all use of the information, content or service accessed
through your user account, which may be determined by cookies, password(s) or authentication certificate(s).
You hereby ratify, guarantee and agree to be personally liable for any and all obligations entered into or
assumed by others who use the information, content or services through your user account. Other than as
expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit,
modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code,
data or materials on or available through the Application. You acknowledge that you do not acquire any
ownership rights by downloading any copyrighted material from or through the Application. If you make other
use of the Application, or the content, code, data or materials thereon or available through the Application,
except as otherwise provided above, you may violate copyright and other laws of the Republic of South Africa,
other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. You
acknowledge and agree that you are solely responsible for the accuracy and content of the information you,
and or / any other person you are responsible for in terms here of, provide.
OUR COMMITMENT TO YOU:
Life Healthcare respects your privacy as required by legislation and best industry
practice and is committed to the applicable privacy protection principles. While using this Application,
information about you may be either collected by us or provided by you. Life Healthcare will not disclose any
of your personal information or any other confidential information to anyone except as provided for in the
Agreement, in terms of legislation or for its legitimate business purposes. Life Healthcare is not responsible for
and gives no warranties or makes no representations in respect of the privacy policies or practices of linked or
any third party websites. You consent to the provisions of this clause and to Life Healthcare using your
information for the Permitted Purpose.
YOUR COMMITMENT TO US:
You: (i) will ensure that you obtain all rights necessary for us to handle and
process the information that you provide to us; (ii) will comply with any privacy legislation when dealing with
and / or including personal information in the Application, or when disclosing any personal information to us
in order to access and use the Application; (iii) confirm that the purposes for which personal information
disclosed to us may be processed are as described in the Agreement. If this is not the case, you must notify us
before providing us with the relevant personal information and we must agree to any necessary amendments
to our processing of that personal information before you may provide it to us; (iv) will not disclose any of our
proprietary, confidential or any personal information to any third party, except where required by law or
where we give you written permission to do so. Our proprietary information includes without limitation our
intellectual property, confidential information and patient or vendor information.
INTELLECTUAL PROPERTY:
All content, trademarks and data on this Application, including but not limited to,
software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or
licensed to Life Healthcare, and as such, are protected from infringement. All rights not expressly granted are
reserved. The intellectual property rights in all content, information, services and/or software vesting in Life
Healthcare shall continue to vest in Life Healthcare and no right, title or interest in any proprietary material or
information contained in this Application is granted to you. Life Healthcare grants to you a personal, nonexclusive, non-assignable and non-transferable license to use, print and display all content, information,
software, or file(s) on any machine(s) of which you are the primary user for non-commercial purposes only.
You are prohibited from sublicensing, assigning or transferring this license to any person. Unauthorised
copying of content, information, software, or file(s), including content, information, software, or file(s) that
have been amended, modified, combined or included with such content, information, software, or file(s), or
the written materials associated therewith is expressly prohibited. Any unauthorised copying and/or
sublicensing, or attempt at copying and/or sublicensing, assignment or transfer of this agreement, shall result
in the immediate termination of these Terms and Conditions and / or your access to the Application without
notice.
SECURITY:
It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised
access to any page on this Application, or to deliver or attempt to deliver any unauthorised, damaging or
malicious code to this Application. Any person who delivers or attempts to deliver any unauthorised, damaging
or malicious code to this Application or attempts to gain unauthorised access to any page on this Application
shall be held criminally liable, and in the event that Life Healthcare should suffer any damage or loss, civil
damages will be claimed.
WARRANTIES AND INDEMNITIES:
You acknowledge that no implied warranties, including, without limitation,
warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security
and accuracy has been given by Life Healthcare, its providers, licensors, suppliers, employees, agents, and
Internet service providers providing access to the Application. This website and the information, content
and/or services are provided "as is" and Life Healthcare makes no express or implied representations or
warranties with regard thereto. Without limiting the generality of the aforegoing, Life Healthcare, its providers,
licensors, suppliers, employees, agents, and internet service providers providing access to the Application does
not warrant that the website or information will be error-free or will meet any particular criteria of
performance or quality, other than those warranties that are implied by and incapable of exclusion, restriction,
or modification under the laws applicable to these Terms and Conditions. Whilst Life Healthcare has taken
reasonable measures to ensure the integrity of this Application and its contents, no warranty, whether express
or implied is given that any files, downloads or applications available via this Application are free of viruses,
trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the
operation of your system. Your use of this Application and the information contained therein is entirely at your
own risk and you assume full responsibility and risk of loss resulting from the use thereof. Neither Life
Healthcare, its affiliates, shareholders, agents, consultants or employees will be liable for any damages
whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive
damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or
inability to use, this Application or the information contained therein. Neither Life Healthcare, its staff,
contractors, nor any associated company, will be liable for any injury or any harm, howsoever caused, that you
or any other person may suffer or sustain as a result of the use of this Application.
MARKETING AND COMMUNICATIONS:
You hereby consent to Life Healthcare marketing to you by means of
electronic communications which marketing will include useful advice, awareness and educational material,
new services or enhancements to existing the Application. These will not take account of your particular
objectives or circumstances and are not a substitute for legal, accounting or other professional advice. You
should determine independently or, with the aid of appropriate professional advice, whether and how to
proceed with any recommendations, comments or prompts provided to you by Life Healthcare.
AMENDMENTS:
Life Healthcare reserves the right, at its sole discretion, to change, modify, add or remove any
portion of the Agreement, in whole or in part, at any time. Changes in the Agreement will be effective when
posted. Your continued use of the Application and/or the services made available on or through the
Application after any changes to the Agreement are posted will be considered acceptance of those changes.
TERMINATION:
Life Healthcare may terminate, change, suspend or discontinue any aspect of the Application
at any time. Life Healthcare may restrict, suspend or terminate your access to the Application and/or its
services if we believe you are in breach of the Agreement or applicable law, or for any other reason without
notice or liability.
WAIVER:
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not
constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and
Conditions shall remain in full force and effect.
APPLICABLE LAWS:
The Agreement, and the relationship between you and us, shall be governed by the laws
of the Republic of South Africa. You agree that any cause of action that may arise under the Agreement shall
be governed by the laws of the Republic of South Africa.
GENERAL:
(i) You may not assign the Agreement or any part of it, or transfer any of your rights under it, to a
third party without our prior written consent. We may not assign the Agreement or any part of it, or transfer
any of our rights under it, without your prior written consent, except where such assignment or transfer is in
connection with an internal restructure of our business or where we sell or divest some or all of our business
in which case we may do so by notifying you accordingly; (ii) The provisions of the Agreement that by their
nature survive termination or expiry of the Agreement will do so; (iii) Each person executing this Agreement
represents and warrants that he or she has full and legal authority to execute this Agreement and
acknowledges, understands and agrees that the Agreement is enforceable against that party on whose behalf
they are executing this Agreement in accordance with its terms.