Terms and conditions of use
Definitions and interpretation
“Apps” means any online application software that is provided by or is connected with Mundipharma (Pty) Ltd that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
“We”, “us”, “our” and “Mundipharma” means Mundipharma (Pty) Ltd (Registration Number: 2009/020626/07) or one of its independent associated companies, where applicable.
“You” and “your” means the user of the Site and/or your legal guardian.
Acceptance of Terms and Conditions of Use
You may not browse or access the Websites or the Apps without prior acceptance of these Terms and Conditions of Use, which you should review before accessing the Websites or the Apps.
If you do not wish to be bound by these Terms and Conditions of Use, then do not access the Websites or the Apps and exit the Websites or the Apps immediately. Your access of the Websites or the Apps or use of the information contained herein constitutes your acceptance of these Terms and Conditions of Use.
We may modify these Terms and Conditions of Use at any time by publishing the modified terms and conditions of use on the Websites or the Apps. Any modifications shall take effect immediately on posting to the Websites or the Apps.
Content of the Websites or the Apps
The Websites or the Apps contain information about products that are available in South Africa and that may or may not be available in another country or region of the world.
The Websites or the Apps may contain, from time to time, information related to various health, medical and fitness conditions and their treatment. Such information is not intended to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. In any event, users of the Websites or the Apps should always consult a doctor and/or other medical professional with respect to any health concerns.
While Mundipharma uses reasonable efforts to include accurate and up-to-date information on the Websites or the Apps, we make no warranty or representation as to their accuracy. To the extent permitted by applicable law, Mundipharma assumes no liability or responsibility for any errors or omissions in the content of the Websites or the Apps. Whilst Mundipharma uses reasonable efforts to allow uninterrupted access to the Websites or the Apps, access to the Websites or the Apps may be suspended, restricted or terminated at any time.
The Websites or the Apps may provide links or references to other sites not affiliated with Mundipharma. Such links to other sites do not imply the endorsement, agreement or support for the content of such other sites. Such links are provided only as a convenience to users of the Websites or the Apps. Mundipharma has not reviewed all of the sites that may be linked to the Websites or the Apps, and is not responsible for the content of any other sites linked to the Websites or the Apps. Downloading material from these sites may risk infringing intellectual property. It is the user’s responsibility to access the authenticity of any site which may be hyperlinked to the Websites or the Apps. Mundipharma is not responsible for ensuring that hyperlinks are operational. Linking to any pages off the Websites or the Apps is at your own risk. Mundipharma shall not be liable for any damages or injury arising from users’ access to such sites.
If in the event that the Websites or the Apps provide visitors with an opportunity to post messages or make comments, you shall not post or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law. Mundipharma will co-operate fully with any law enforcement agency or court order or direction directing Mundipharma to disclose the identity of any person posting such information or materials.
Users of the Websites or the Apps are prohibited from creating additional hyperlinks on the Websites or the Apps, defacing the Websites or the Apps or deleting, altering and/or amending content on the Websites or the Apps.
Users should report any untrue, inaccurate, illegal and/or harmful content appearing on the Websites or the Apps. We undertake to correct and/or remove any such content as soon as we become aware thereof.
Access to Health Care Professionals
Certain sections of the Websites or the Apps may be intended for health care professionals only.
We may refuse access to these sections of the Websites or the Apps if we are unable to verify any information that you provide to us.
If you are provided with access to these sections of the Websites or the Apps, you must keep your access details (including your user name and password) confidential and not allow other people to use it. You accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. If you believe that your access details are being used without your permission, notify us immediately.
Copyright and Trade Mark Notices
The Websites and the Apps are produced, owned and operated by Mundipharma. The entire content of the Websites or the Apps is fully protected under all applicable laws relating to copyright, design, trademark, know-how, confidential information and all other intellectual property rights.
You may read, view, print, download and copy the material on the Websites or the Apps for your personal and non-commercial use, but only if you acknowledge the Websites or the Apps as the source of the material. Unless specifically indicated, no other use of the material is permitted.
All copyright and proprietary notices contained in downloaded materials must be preserved. You acknowledge that all trademarks (whether registered or unregistered) used by the Websites or the Apps are the sole property of Mundipharma or its licensor/s. Nothing contained in the Websites or the Apps should be construed as granting any license or right to use the trademarks, brands, or logos on the Websites or the Apps or to distribute content, which cannot be used or copied without the express written consent of Mundipharma.
Mundipharma claims no ownership in, or any affiliation with, any third-party trademarks appearing on the Websites or the Apps. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Mundipharma should be inferred from the use of these marks.
Use of Information
Communications from users or other material sent through the internet, posted on the Websites or the Apps or otherwise (other than those containing personal and/or health-related information, which fall within our Privacy Statement) are deemed to be non-confidential and non-proprietary, and we shall have no obligation of any kind with respect to such information. We shall be free to use this information for any purpose we deem appropriate, including reproduction and publication, and may use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including commercial purposes, without paying users for the right to do so. The sender of any information to us is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
The Websites or the Apps may contain links to third-party social media sites, such as Facebook, LinkedIn or YouTube. Mundipharma makes pages available on any such sites for information purposes only. Your use of Mundipharma pages on social media sites are subject to the terms and conditions of the third-party social media sites, the guidelines, house rules and disclaimers we may post on such sites as well as these Terms and Conditions of Use.
Any content, views, opinions and/or responses to questions uploaded, expressed or submitted by the creators, sponsors, advertisers or users of third-party social media sites other than the content provided by Mundipharma, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of Mundipharma. We reserve the right to discontinue any of our social media pages or block or remove objectionable content and users if possible, in our sole discretion and without notice. Any delay in removing or failure to remove an objectionable posting should not be deemed an endorsement or approval of the posting.
We are not responsible for content that third parties publish, post, upload, distribute, disseminate or otherwise transmit via third-party social media sites. We do not endorse clicking on links posted by other social media users as these links may pose risks to your device.
We do not warrant the accuracy, completeness or usefulness of the information available on our pages on such third-party social media sites. Nothing contained in or provided through these pages is intended to constitute advice or to serve as a substitute for professional advice and/or medical advice as circumstances will vary from person to person.
We are actively reviewing what people are saying to and about Mundipharma. However, because of the public nature of the sites, we are unable to respond to or engage on all issues. Under no circumstance will Mundipharma be responsible or liable in any way for any content, including but not limited to, any errors or omissions in the content, or for any loss or damage of any kind incurred as a result of any content communicated on our pages on third-party social media sites.
The Websites and the Apps may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Limitation of Liability
Information contained on the Websites or the Apps is for information purposes only and not intended to constitute professional and/or medical advice as circumstances will vary from person to person.
Mundipharma is not liable to users for information posted on the Websites or the Apps. Mundipharma is not liable for the actions of users of the Websites or the Apps.
By using the Websites or the Apps a user indemnifies, defends and holds harmless Mundipharma, its lawful agents, employees and representatives from all damages, losses and expenses, including legal expenses arising from (a) any claims for the infringement of intellectual property rights, libel, defamation to any material the user may send to the Websites or the Apps (b) the user’s breach of any provisions of the Terms and Conditions of Use of the Websites or the Apps and (c) any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person may suffer as a result of or in consequence of the use of or reliance of any information or material provided for on the Websites or the Apps. Mundipharma, its lawful agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person may suffer as a result of entering into any transaction with any third party, including Mundipharma, its lawful agents, employees and representatives as a result of or in consequence of the reliance of any information contained on the Websites or the Apps or any related site.
In no event shall Mundipharma, its lawful agents and representatives be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limiting, indirect, punitive, incidental and consequential damages, loss profits, expenses, costs, damage resulting from lost data or business interruption) resulting from the use or inability to use the Websites or the Apps and the material contained therein, whether based on warranty, contractual or extra contractual liability, any other legal matters, and whether or not Mundipharma, its lawful agents, employees and representatives is advised of the possibility of such damages. In no event shall Mundipharma’s total liability to you for all damages, losses, and causes of action whether the cause of action is in contract, delict (including, but not limited to, negligence) or otherwise exceed the amount paid by you, if any, for accessing the Websites or the Apps.
Disclaimer of Warranties
The materials in the Websites and the Apps are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Mundipharma disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Mundipharma does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Websites or the Apps or the server/s that makes it available are free of viruses or other harmful components. Mundipharma does not warrant or make any representations regarding the use or the results of the use of the materials in the Websites or the Apps in terms of correctness, accuracy, reliability, or otherwise. You (and not Mundipharma) assume the entire cost of all necessary servicing, repair or correction.
When you download the Apps, you are granted a personal, non-exclusive, non-sublicensable, non-transferable, license to install and use the software necessary for the functioning of the Apps only on a mobile device you own or control, solely for your personal and non-commercial use and as expressly permitted in these Terms and Conditions of Use.
We do not warrant that the Apps will be compatible or interoperable with your mobile device or any hardware, software, equipment or device installed on your mobile device or used by you to access and use the mobile application in connection with your mobile device. You acknowledge and agree that we shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
When you visit the Websites or the Apps or contact or interact with us electronically (for example, by email), you accept that we can communicate with you electronically.
Any electronic communication sent to you will be regarded as having been received by you upon being sent by Mundipharma.
If you are a registered user of the Websites or the Apps, you will receive communications from us via e-mail. If you do not want to receive e-mails from Mundipharma, please advise us accordingly in writing.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.
We take all reasonable steps to protect your personal information and maintain confidentiality, including the use of a secure server/s. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk. For further information in this regard, please review our Privacy Statement.
We reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of our networks and back-office applications.
You may not utilise the Websites or the Apps in any manner which may compromise the security of our networks or tamper with the Websites or the Apps in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Websites or the Apps, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Websites or the Apps, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss, we shall claim civil damages against the user.
Any user who commits any of the offences detailed in Chapter XIII of the Electronic Communications and Transactions Act 25 of 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Mundipharma.
The Terms and Conditions of Use set out herein constitute the whole agreement between the user and Mundipharma and shall take precedence over any disclaimer and/or legal notices attached to any communications and/or postings received by Mundipharma from the user. Your use of certain services or features may be subject to additional terms and conditions, which will be conveyed to you before use.
Any failure by Mundipharma to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
No amendment of these Terms and Conditions of Use or any provision or term hereof or of any other conditions contained on the Websites or the Apps shall be binding unless made by and recorded in written by Mundipharma.
To the extent permissible by law Mundipharma shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
The Websites and the Apps are controlled and operated by Mundipharma from its office within South Africa. Although the Internet is global in nature, the laws regulating the manner in which pharmaceutical companies convey medical or product information is not. Each country has its own set of rules, regulations and laws. As a result, information intended for dissemination in a particular country may not be appropriate for use outside that country. The information on the Websites and the Apps is designed to comply with the laws of South Africa. The information on the Websites and the Apps is intended for access and use by residents of South Africa only. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any principles of conflicts of law and any dispute arising out of or relating to these Terms and Conditions of Use shall be brought before the competent courts of South Africa.
The Websites or the Apps may link to other sites, some of which are outside of South Africa. Those sites may have information that is appropriate only to the particular originating country or region where the sites are based. You should not construe anything on the Websites or the Apps as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located. Those who choose to access the Websites or the Apps from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
To the extent that any provisions of these Terms and Conditions of Use are held to be illegal, void, invalid or unenforceable, then such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions
Links to the Websites, Apps or any Mundipharma social media page are not authorised without our express prior written permission.
Marketing Code of Practice
We subscribe to the Marketing Code Authority Code of Marketing Practice in South Africa (“the Code”). Any promotional content of the Websites or the Apps has been prepared with reference to the Code. By using the Websites or the Apps you agree that any concerns you may have about the content will be taken up first with us. Then, should you not be satisfied with our response, you may submit a complaint to either the Advertising Standards Authority or the Marketing Code Authority.
The Websites or the Apps may contain forward looking statements that are subject to the risks and uncertainties that may cause actual results to differ from those foreseen and users are advised of this possibility.
Mundipharma (Pty) Ltd is a company registered in South Africa with registration number 2009/020626/07.
Registered Office: Block D, Grosvenor Square, 12 Park Lane, Century City, Grand Central Precinct, Cape Town 7441
Tel: +27 21 671 5251
Fax: +27 21 671 5216
VAT Number: 4490260025
Update of Terms and Conditions of Use
These Terms and Conditions of Use were last updated on 28 June 2019.