Disclaimer


Neither South African Heart Association nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error free; nor does South African Heart Association, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an "as is, as available" basis. None of South African Heart Association, third party content providers and their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service. Neither South African Heart Association nor any third party content provider warrants that any files available for downloading through the service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.

Neither South African Heart Association, nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.

Unless otherwise specified, this web site is directed primarily at users in the Republic of South Africa. South African Heart Association makes no representation that any product or service referred to in any materials on this web site is appropriate for use, or available, in other locations. Anyone who accesses this site from other locations is responsible for compliance with local laws if and to the extent local laws are applicable.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  • this website will be constantly available or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation on the part of us; or
  • matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

These disclaimers and exclusions shall be governed by and construed in accordance with South African Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reasons unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

System Availability:

South African Heart Association shall use reasonable endeavors to keep the system available at all times, however, the user agrees that South African Heart Association shall not be liable to the user or any other person or entity whatsoever in respect of (and the user or any such person or entity shall have no claim against South African Heart Association and the user hereby indemnifies and holds South African Heart Association free from liability in respect of) any loss or damage:

  • caused by or arising from any fact or circumstances beyond the reasonable control of South African Heart Association; or
  • if such loss or damage is consequential or incidental loss or damage; or
  • which is as a result of any downtime, outage, interruption in or unavailability of the system attributable to any cause whatsoever, including but not limited to: repairs and maintenance, any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure), as well as by any other external communications networks and by the networks of Internet service providers other than South African Heart Association. South African Heart Association shall use its best endeavors to notify the client of any maintenance and repairs which may result in the system being unavailable but does not warrant that notice shall be given to the client prior to such maintenance and repairs being undertaken.
  • without limiting the generality of the above the user indemnifies and holds South African Heart Association harmless against any and all losses, injury, damage, penalties or claims of whatever nature and howsoever arising from or in connection with the service hereby made available by South African Heart Association
  • Security:

    In order to ensure the security and reliable operation of the system to all users, South African Heart Association hereby reserves the right to take whatever action South African Heart Association finds necessary to preserve the security and reliability of the system.

Last modified 11 June 2015


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