Care with Covid Proprietary Limited, with registration number 2020/209387/07, is a private company duly incorporated in accordance with the laws of the Republic of South Africa (“Care WC”).
Care WC has developed the website located at www.carewithcovid.com(the “Website”) and the assessment questionnaire therein (“Questionnaire”) and hereby set out the terms and conditions which shall govern the use of its website (“Terms”).
For the purposes of these Terms, the terms “our”, “we” and/or “us” shall be a reference to Care WC.
- Terms of service
These Terms govern your (the “User”) use of the Website. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained through the Website.
The User warrants that he/she is over the age of 18 years.
By accessing and using the Website, the User agrees to be bound by the Terms set out herein and shall continue indefinitely until terminated in accordance with the provisions of the Terms.
Care WC is deemed to be a responsible party in terms of the Protection of Personal Information Act, 2013, as amended, consolidated or re-enacted from time to time, and includes all schedules and regulations thereto (“POPIA”), and Care WC is obliged to comply with the provisions of POPIA.In these Terms, unless inconsistent with or otherwise indicated by the context –
“Personal Information” means information relating to a living, identifiable, natural or juristic person, including –
- information relating to gender, sex, pregnancy, nationality, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of a person;
- information relating to the education or the medical financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
- the biometric information of a person;
- the personal opinions, views of preferences of the person;
- correspondence sent by a person that is implicitly or explicitly of a private or confidential nature of further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about a person;
- the name of a person if it appears with other personal information relating to a person or if the disclosure of the name itself would revel information about the person; and
“Special Personal Information” means personal information concerning the User’s health.
Care WC shall retain records of the User’s Personal Information which is necessary for providing the products selected by the User, for as long as it deems necessary, and at least, for as long as Care WC requires in order to comply with any law, code of conduct, including the provisions of POPIA. Thereafter, the User consents that Care WC may destroy/discard any and all records containing the User’s Personal Information.
In the course of completing the Questionnaire, you may supply us with information such as your name, surname, email, phone number address, [tbc any others]. If we collect Personal Information from you, you are giving us permission to use that information for the specific purpose as set out in our Terms for which it is provided.
When you interact with the Website, we may automatically collect certain personally non-identifiable information (“Non-Personal Information”). The Non-Personal Information we collect includes without limitation, your Internet Protocol (“IP”) address, domain name of your internet service provider, your approximate geographic location, a record of the Website pages that you visit, the time of your visits and aggregated Personal Information that cannot be used to specifically identify you. Such information, which is collected passively using various technologies is strictly for statistical purposes and to determine the visitor traffic patterns through the Website and cannot, in and of itself, be used to specifically identify you.As Non-Personal Information cannot be used to personally identify you, Care WC may disclose, transfer or share Non-Personal Information for any lawful purpose.
Our disclosure of the information we collect
Care WC is not in the business of selling or supplying your Personal Information to any third parties. We consider this information to be required to enable us to provide the services offered to the Users. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Information with certain third parties without your consent, as set forth below:
Care WC sometimes engages other companies to perform certain administrative and/or business-related functions which, inter alia, include maintaining the database and communications network and processing and facilitating payments. When we engage another company to perform such functions, we may provide them with information, including your Personal Information, in connection with their performance of such functions.
Care WC may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect and defend the rights or property of Care WC, or (iii) to protect Care WC against legal liability.
Protection of Personal Information
We take reasonable steps to ensure the reliability of our own staff and ensure that any person who processes information on our behalf reaches the same high standards that we set ourselves and limit their access to your Personal Information to what is necessary in order for them to perform their responsibilities. We will ask for your express permission before we use your Personal Information for any purpose not disclosed above.
Care WC takes what it believes to be reasonable steps to protect the Personal Information provided via the Website from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Website and any such transmission is at your own risk.
Request for access to Personal Information
The User shall, having provided adequate proof of his/her identity, be entitled to submit a request in writing to Care WC to confirm, free of charge, whether or not Care WC holds Personal Information about such User; and request from Care WC the record or a description of the Personal Information about the User held by Care WC, including Personal Information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information at a reasonable fee charged by Care WC within a reasonable time from the date of receipt of such request.
- Request for User’s Personal Information
By accessing the Website and providing us with the User’s Personal Information, the User agrees that the use of the Website and the Questionnaire is entirely at the User’s own risk and the User consents to the processing of his/her requested Personal Information for the following purposes –
- to process the transactions and payments necessary in respect of the User’s selected products and to manage Care WC’s financial accounts in respect of such transactions;
- to provide the services in accordance with the User’s selected products;
- disclosure of personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law; and/or
- any other purpose specified in these Terms.
The User may disclose Special Personal Information in the course of filling out the Questionnaire. The User hereby consents to the processing of the User’s Special Personal Information for purposes of providing the products and services requested by the User.
- Acceptable Use
The User may not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.The Website may not be used to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.The User must not conduct any systematic or automated data collection activities (including and without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Care WC’s express written consent.
- Links to other websites and services
The Website may contain links to other websites that are not under the control of Care WC. Care WC has no responsibility for the linked websites nor does it necessarily endorse the linked websites.
- Copyright and intellectual property rights
The Questionnaire and the content displayed on the Website is provided by Care WC and third party owners of the content (“the Content”). All proprietary works, and the compilation of the proprietary words, belong to Care WC and any third party owners of the rights, and the Content is protected by the laws of the Republic of South Africa and international copyright laws.
Except as specified in these Terms, the User is not granted a license or any other right including but not limited under copyright, trademark, patent, or other intellectual property rights, in and to the Content.This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Care WC.
- Security measures
Care WC has taken appropriate, reasonable technical and organisational measures to prevent the loss of and damage to Personal Information and the unlawful processing of Personal Information.
In the event that we, on reasonable grounds, believe that the personal information of a User has been accessed or acquired by any unauthorised person, we will notify the User in writing (provided that the identity of the User whose Personal Information has been compromised can be established).
- Indemnity by the User in favour of Care WC
The User agrees to defend, indemnify and hold Care WC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the User’s use of the Questionnaire and the Website, provided that any claim brought against Care WC is not as a result of Care WC’s grossly negligent conduct.
As will be further explained during the course of the services provided by Care WC, use of the Questionnaire is not a guarantee that none of the User, the User’s staff or the User’s clients will fall ill with COVID-19, nor that COVID-19 will not be passed between people at the User’s premises. Rather Care WC seeks to assist Users with ascertaining best hygiene and social distancing practices, sourcing relevant materials and products, providing education to the User and User’s staff and generally assisting Users with the transition to operation in the midst of a pandemic.
- Limited Liability of Care WC
Neither Care WC nor its directors, employees, agents, representatives or suppliers shall be responsible for and disclaims all liability, except as a result of the gross negligent conduct of Care WC, for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by the User or any third party, as a result of or which may be attributable, directly or indirectly, to the User’s access and use of the Website.
Care WC shall not be liable to the User on any account whatsoever in the event that Care WC is prevented from fulfilling its obligations hereunder due in whole or in part to an event or force majeure which expression shall mean act of God, war, fire, flood, storm, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials or stock or any other circumstances beyond its reasonable control; and whether or not within its control, strikes, lock-outs or industrial disputes in relation to Care WC or any other party or any action taken by it in connection therewith or in consequence or the occurrence thereof. In such event Care WC may at its option either suspend performance or cancel the contract in question or so much of it as remains unperformed without liability for any loss and without prejudice to Care WC’s rights.
- Governing Law and Country of Domicile
Should the User utilise the Website for any purpose, the User hereby consents and submits to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms.
The Website is controlled and operated from the Republic of South Africa and therefore at all times governed by South African Law and Care WC chooses 5 Harriers Road, Mowbray, as its domicilium citandi et executandi for all purposes under these Terms, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Care WC reserves the rights to change, modify, add to or remove from portions or the whole of these Terms from time to time in its sole discretion and at any time. Changes to these Terms will become effective upon such changes being posted to the Website or upon notifying the User of the changes via email. Should the User continue to use the Website following the receipt of the notice provided or the posting of changes or updates, the User’s use will be considered notice of your acceptance to abide by and be bound to these Terms including the changes or updates.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from these Terms and shall not affect the enforceability and validity of the remaining items of the Agreement.
These Terms constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Care WC shall not be construed as a waiver or variation of any rights or remedies.
If Care WC is informed of any inaccuracies in the content on the Website, it will attempt to correct the inaccuracies as soon as possible.
- Company Information
In the event that you need to contact Care WC for purposes related to these Terms, please use the following details: firstname.lastname@example.org.