TERMS AND CONDITIONS
Terms of Use – UMBRELLA THORN DATA (PTY) LTD WEBSITE
www.umbrellathorn.co.za
Welcome to the Umbrella Thorn Data (Pty) Ltd (Herein after referred to as “UTD”) Website
- Acceptance of the terms
1.1 The site, content and services are provided to you subject to your agreement to be bound by these terms and conditions of use. BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
1.2 UTD reserves the right, in our sole discretion, to modify or update any of the terms and conditions at any time and from time to time and such modifications will supersede and replace any previous terms and conditions. Your continued use of this site means that you agree and accept these amended terms and conditions. If you do not agree to any modifications of these terms and conditions, you must immediately stop using this site.
- UTD Privacy Policy
By accessing and using this Site, you are consenting to the collection, use and disclosure of your client’s personal account information in accordance with the Indemnity and Consent as signed by the client.
- Use of the Website
3.1 By accessing the website, you warrant and represent to UTD that you are legally entitled to do so. By subscribing for this service, you warrant and represent to UTD that you are a qualified and registered veterinarian and legally authorised to subscribe for and utilise this website. You further warrant that you will not use the website or any information made available to you by your use of the website for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the Indemnity and Consent signed by the client.
3.2 By listing a client’s account information on the UTD website you warrant and represent to UTD that you hold the necessary authority and consent in terms of the signed Indemnity and Consent signed by the client to do so (alternatively that you have given the client sufficient demand and notice to settle his/her/its outstanding and overdue account with you and have indicated that you intend to list them on the UTD website for non-payment) and that the information as listed by you is a correct and true reflection of the state of the client’s account with you.
3.3 By becoming a user and participant of UTD you warrant that to the best of your means you will not render listed clients any veterinary service, if they have unpaid accounts at other practices. The only service that you will be expected to render is euthanasia so that no animal is allowed to suffer unnecessarily. Ideally you should refer such listed clients back to the clinic at which they maintain an unpaid account.
- UTD website use acknowledgement
By subscribing to and using the UTD website you acknowledge and agree that any information obtained by you from the UTD website shall be used solely for the purposes of evaluating the client concerned for the purpose of conducting a risk assessment in respect of the payment of accounts and in making the decision whether to treat the client’s animal or not.
- Disclaimer of Warranties and Liability
5.1 UTD makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the information contained on the website and the website and information thereon is provided "as is".
5.2 Use of the site and it’s the content are at your own risk. UTD make no representations or warranties about the quality, accuracy, reliability, completeness, or timeliness of the information contained on the site. UTD do not assume any responsibility for any errors, omissions or inaccuracies in the site or its content.
5.3 Neither UTD nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website and/or your reliance on any information offered via the website.
5.4 Without limiting the generality of the afore going, neither UTD nor its directors shall be liable for any loss of business and/or loss of profits, any failure and/or unavailability of the website for any reason whatever. You hereby indemnify UTD or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.
- Application Process
To subscribe for access to the website, you must complete the application form. By using the website, you agree to be bound to these Terms and Conditions.
- Payment
You agree to pay UTD the required registration fee as well as the prepaid service fee. This service fee allows access to the main data base to assess if a client is listed on Umbrella thorn or not. The fee is charged at a rate of R1 per click for Vetmaster clients and R5 per click for non Vetmaster clients. The prepaid credit can be purchased from VetMaster .
- Copyright and Intellectual Property Rights
Copyright and Intellectual Property Rights in all materials, texts, drawings and data made available on the website are owned by UTD, alternatively UTD is the lawful user thereof, and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks displayed on this website are registered and unregistered trademarks of UTD. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of UTD.
- General
9.1 The terms and the application form constitute the sole record of the agreement between you and UTD in relation to the use of its website by you.
9.2 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
9.3 These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
- POPI Act
10.1 UTD shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”).
