Terms Of Use.

These terms of use (“Terms of Use”) apply to any person who uses the website which is accessible at the URL: www.u-consult.co.za (“Website”) of Universal Healthcare Services (Pty) Ltd, 2008/005871/07 (“Universal”) regardless of the medium that is used by such person to do so (i.e. internet browser, mobile devices etc.). It is the responsibility of the user to familiarise themselves with the contents of the Terms of Use before using the Website.

The Terms of Use are applicable to all the Websites owned, operated, or sponsored by Universal. Universal may, in its sole discretion, change, modify, amend any portion of or the whole of these Terms of Use from time to time. Changes will take effect upon posting of the revised Terms of Use to the Website. The user’s continued use of the Website following the posting of revised Terms of Use will be considered notice of the user’s acceptance to abide by and be bound by these Terms of Use, including any and all such changes or updates.

1. Definitions
  • In these Terms of Use, the words below have the following meanings assigned to them:
    • “Personal Information” shall have the meaning given to it in POPIA and includes the information provided by the user when using the Website;
    • POPIA” means the Protection of Personal Information Act, 4 of 2013;
    • “we”, “us” and “our” mean Universal Healthcare Services (Pty) Ltd, registration number 2008/005871/07;
    • “Website” means the website which is accessible at the URL: https://u-consult.co.za/ ; and
    • “you” and “your” means the user of the Website.
2. Use Of Personal Information
  • Whenever you use this Website or contact Universal electronically, we will have access to your Personal Information, and the user agrees to be legally bound by these Terms of Use.
  • We will use Personal Information collected from you in accordance with these Terms of Use.
  • We undertake to deal with your Personal Information in accordance with POPIA in so as far as it relates to the collection, processing, updating, retention and destruction of the Personal Information.
  • By using this Website, you provide Universal with your express written consent to a) act on the information; b) share your Personal Information with our service providers in the ordinary course of our business; and c) store your records in an electronic format, which will constitute conclusive proof of the contents of such record, unless proved otherwise by you.
  • We will use the information to personalise your experience and to communicate directly with you.
  • Your consent to process your Personal Information may be withdrawn by you in writing at any time.
  • Unless we obtain your voluntary and informed consent thereto, or unless it is required or permitted by law, we undertake to not sell, distribute or disclose any Personal Information that you have disclosed to us. We will not disclose your Personal Information to anyone except as provided for in these Terms of Use. We will only collect your Personal Information by lawful and fair means and, where appropriate, with the knowledge or consent of the user concerned.
  • We are committed to keeping your information confidential. We will take all reasonable steps to protect your Personal Information and maintain confidentiality. We will only disclose your Personal Information when we are lawfully required to do so.
  • We will only retain your Personal Information as long as necessary for the fulfilment of those purposes as have been identified by us.
  • You may access and/or correct any of your Personal Information that we hold by sending an email to POPIA@universal.co.za .
  • If the Website requires login details, it is your responsibility to keep your username and password secure.
  • Where appropriate, Personal Information may be disclosed to law enforcement, regulatory or other government agencies, or third parties where necessary or desirable to comply with legal or regulatory obligations or requests or for the purposes identified above.
  • It is your responsibility to update your Personal Information and to provide us with information that is accurate, true and correct. Failure to do so may result in the termination of any transaction flowing from the material non-disclosure.
3. Electronic Communication
  • The provisions of the Electronic Communications and Transactions Act, 25 of 2002 are applicable to all electronic communications between the user and Universal.
  • Any e-mail sent to you will be deemed to have been received by you upon dispatch by us.
  • You are responsible to ensure that Universal has received the information communicated electronically by you.
  • When you communicate with Universal by electronic communication, which includes the use of this Website, you consent to receiving electronic communication by us in response.
  • You agree that all electronic agreements, notices, disclosures, and other communications sent by Universal satisfy any legal requirement that such communications should be in writing.
  • You accept the risks inherent in electronic communication in whatever form.
4. Parties Other Than Universal Also Collect Information

Some advertisers, service providers or websites that have links on this Website may collect Personal Information about you when you access or use their links. We do not control the collection or use of such information. These Terms of Use do not apply to these websites and their advertisers and when you access these links, you do so at your own risk.

5. Copyright
  • This Website and the contents thereof (including the software, text, graphics, icons, hyperlinks, private information, logos, calculators, tools, trade marks, tools, and design) are the property of Universal and protected by South African and international trade mark and copyright laws.
  • The user is strictly prohibited from creating works that are based on the content found on this Website.
  • Our software or data may not be copied, reproduced, distributed, published, decompiled, reverse-engineered, disassembled, or used in any manner whatsoever, without the prior written consent of Universal.
6. Warranties By The User
  • You warrant your identity (i.e. you are who you say you are) and that you can prove your identity should you be required to do so.
  • Any use of your login name and password by any person shall be deemed to be used by you.
  • Universal reserves the right to refuse to provide services to you if we are unable to verify or authenticate any information provided to us by you.
  • You agree to use the Website at your own risk.
7. Warranties And Indemnities Of Universal
  • While we make every effort to ensure that the information is accurate and up to date, the Website is provided “as is” without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • We do not warrant that the information is appropriate or suitable for any particular purpose, that it is complete or accurate, that the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or any hardware on which it is stored is virus-free.
  • All information, including products and services or any terms or conditions pertaining to them, is subject to change at any time.
  • Universal is not responsible for any defects in, malfunctions of, or inaccuracies in the performance of any calculators used.
  • All calculations made on the Website are approximations, are meant as guidelines only and should be confirmed before relying on them.
  • All services provided via this Website are subject to confirmation at the time of the finalising of any transactions.
  • Some of our information is derived from external sources. We are not responsible for the incorrect information received from these external sources.
  • Universal will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third-party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on this Website by you.
8. Disclaimer
  • We are not responsible for any direct or indirect loss or damages that may arise from:
  • the reliance on the information obtained from this Website;
  • any of the events described in this clause 8;
  • your actions or omissions that result in a breach of these Terms of Use;
  • links with other websites over which we cannot control the content of, or the products offered on those websites; or
  • a denial of access to the Website should we believe that you are conducting activities that are illegal, abusive, attack the integrity of the site or put Universal into disrepute.
  • We are committed to providing you with the best possible service. However, we are not responsible for:
    • any negligent act or omission by us;
    • inaccurate or inadequate information obtained from the Website from inaccurate information supplied by you; or
    • interrupted, failed or delayed transmission, delivery or storage of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, pandemic or any other cause beyond our control.
  • The information provided on this Website is not, and must not be regarded as clinical, financial, tax or investment advice.
  • You should consult your financial adviser, broker or a healthcare professional if you require advice.
  • Information contained on this Website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects.
  • Universal is not responsible for any representations, information, warranties or content on any third-party website (including any third-party website linked to this Website or social media platforms).
  • Universal is not responsible for any interrupted, delayed or failed transmission, storage or delivery of information due to a power failures, equipment or software malfunction, natural disasters, pandemics or other elements of force majeure.
  • You agree to indemnify Universal and will not hold us responsible for any claim relating to your use of the Website or as a result of any errors or inaccuracies or incomplete information made available by third-parties on the Website and agree that we shall not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third-parties.
9. Restricted Use

All information displayed on or accessed through this Website are for your personal and non-commercial use only. You agree not to:

  • reproduce, modify, or create derivative works from, publish, distribute, transmit, display, license or transfer any of the content displayed on the Website without Universal’s prior written consent;
  • decompile, reverse engineer, or disassemble the Website, a linked website, or any software employed in the display or operation of the Website;
  • post on or transmit to the Website content of an offensive or unlawful nature;
  • use the Website in a manner that could damage, disable, overburden, or impair any our servers or network;
  • interfere with any content on this Website or attempt or gain unauthorised access to the information on the website or our server; or
  • create a link from another website to this Website without Universal’s prior written consent.
10. Applicable And Governing Law
  • The Website is hosted, controlled and operated in the Republic of South Africa and thereafter enforceable under South African law. These Terms of Use shall be governed by the laws of the Republic of South Africa.
11. Miscellaneous

These Terms of Use constitutes the entire agreement between the parties and supersedes all prior agreement and communications with respect to the subject matter herein. The section headings in these Terms of Use are for convenience only and must not be given any legal importance.

12. Costs Of Using The Website

The use of this Website is free of charge, however there may be additional chargers by your internet service provider which will be for your own account.

13. Cookies

This Website uses “cookies”, to collect information about the user of our Website, your preferences and past browsing history to enable us to improve our services and your experience when you use the Website again. It is at the discretion of the user to control cookies, including whether or not to accept them and how to remove them.

Version 1 October 2020

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