- Your Acceptance
- The ASSIC Medical Examination Application (hereafter referred as to the Assic App) is a medical examination application that allows a professional to capture and/or transmit medical data of an examined individual.
- A user for the purposes of these Terms and Conditions shall include –
- a duly registered medical doctor;
- a duly registered physiotherapist;
- a duly registered biokineticist;
- a person duly qualified and licensed in the area wherein he/she carries on business to conduct a medical examination and to dispense medical advice in accordance with the aforesaid medical examination.
- By downloading the Assic App the downloading person/entity agrees as follows –
- The user indemnifies ASSIC Medical (Pty) Ltd, its shareholders, directors and affiliates from any and all damages which may arise due to the use of the Assic App by the user or any representative and/or employee of the user;
- The user undertakes to obtain the legal and informed consent from the examined individual for the use of the Assic App in respect of the examined individual;
- The user warrants that he/she is duly qualified to dispense medical advice in the capacity as represented by the user to the examined individual;
- The user acknowledges that the Assic App does not dispense medical advice of any As such, ASSIC Medical (Pty) Ltd shall not be liable for any medical advice dispensed by the user;
- Assic Medical (Pty) Ltd makes no warrantees and/or representations regarding the correctness and/or accurateness of advice dispensed by the user;
- That the user agrees to and accepts the purchase price related to the Assic App and further that the user is satisfied with the service provided by the Assic App and further that the user renounces any entitlement to a refund in respect of the purchase price.
- Assic Medical (Pty) Ltd makes no warrantees and/or representations regarding the correctness and/or accurateness of information uploaded to the Assic App.
- Ownership and Rights
The ASSIC App and all associated components such as licences, trademarks etc are owned by ASSIC Medical (Pty) Ltd and all rights thereto vests with ASSIC Medical (Pty) Ltd. No ownership rights are transferred to any user of ASSIC App.
- User Status Submissions
- The ASSIC App allow the user to submit text, data, pictures and files and other communication submissions to the selected email adresses.
- The user accepts that when using the ASSIC App it will be exposed to information from a variety of sources.
- ASSIC Medical (Pty) Ltd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions, and that such submissions are not the responsibility of ASSIC Medical (Pty) Ltd.
- The user understands and acknowledges that it may be exposed to submissions that may be inaccurate, offensive, indecent, or objectionable, and it agrees to waive, and hereby does waive, any legal or equitable rights or remedies it have or may have against ASSIC Medical (Pty) Ltd.
- The ASSIC App permits the user to link to materials on the Service for medical purposes only.
- ASSIC Medical (Pty) Ltd reserves the right to discontinue use of the Assic App at any time and without notice to the user. In the event of a discontinuance of the Assic App for whatever reason the user shall have no claim against ASSIC Medical (Pty) Ltd in respect of any purchase price paid by the user or any other claim howsoever arising.
- Warranty Disclaimer
- The user agrees that your use of the Assic App shall be at its sole risk.
- To the fullest extent permitted by law, ASSIC Medical (Pty) Ltd, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Assic App and its use.
- ASSIC Medical (Pty) Ltd makes no warranties or representations about the accuracy or completeness of this service’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from the user’s access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the assic medical examination app service.
- ASSIC Medical (Pty) Ltd does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Assic App or any hyperlinked website or featured in any user status submission or other advertising, and the Assic App will not be a party to or in any way be responsible for monitoring any transaction between the user and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, the user should use your its judgment and exercise caution where appropriate.
- The user specifically acknowledges that ASSIC Medical (Pty) Ltd shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the user.
The user agrees to defend, indemnify and hold harmless ASSIC Medical (Pty) Ltd, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) use of and access to the ASSIC App(ii) violation of any term of these Terms of Service; (iii) violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of the user’s Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and the user’s use of the ASSIC App.
- Privacy Notice
The Information The ASSIC Medical Examination App Collects
- ASSIC Medical (Pty) Ltd may obtain the following types of information from or concerning the user or its mobile phone device, which may include information that can be used to identify the user as specified below (“Personally Identifying Information”):
- The Assic App does not store and/or host information and/or data of an examined individual. All information and/or data of an examined individual which has been entered into the Assic App is immediately deleted upon email transmission regardless of whether the aforesaid transmission was successful.
- Although all care has been taken ASSIC Medical (Pty) Ltd shall not responsible for any loss of information, breach of privacy or that the information or referral reaches you.
- ASSIC Medical (Pty) Ltd does not sell or share Personally Identifiable Information (such as email addresses) with other third-party companies. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.
- ASSIC Medical (Pty) Ltd also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that ASSIC Medical (Pty) Ltd believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the ASSIC Medical (Pty) Ltd or our servers, and to protect the rights, property, or personal safety of ASSIC Medical (Pty) Ltd, our users or others.
- Our Commitment To Data Security
- ASSIC Medical (Pty) Ltd App uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit when using ASSIC App and the user does so at its own risk.
- Using unsecured wifi or other unprotected networks to submit messages through the ASSIC App Service is never recommended.
- ASSIC Medical (Pty) Ltd makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If ASSIC Medical (Pty) Ltd learns of a security systems breach, then we may attempt to notify the user electronically so that it may take appropriate protective steps.
- ASSIC Medical (Pty) Ltd may post a notices on the ASSIC website or through the ASSIC App if a security breach occurs.
- Changes and updates to these Terms and Conditions