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Terms and Conditions of Use
Effective January, 2021
These are the Terms of Use (“Terms“) for the Dr Flett(“DR FLETT“) which govern your access to and use of the websites, apps, and digital platforms provided by DR FLETT (collectively the “Websites“). Please note your access to and use of the Websites is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Websites you agree you are bound by these Terms.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE WEBSITES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
Your Acceptance Of The Terms
Please be aware that these Terms constitute a binding legal agreement between you and the DR FLETT outlining your legal rights, obligations, and remedies arising from your use of the Websites. You agree you are responsible for your use of the Websites and any consequences resulting from your use of the Websites. You may use the Websites only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Websites.
You may use the Websites only if you can form a binding contract with the DR FLETT and are not a person barred from receiving services under the laws of the South Africa or other applicable jurisdictions. If you are accepting these Terms and using the Websites on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of the Websites because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Websites.
By accessing or using the Websites, you (the “User“) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of the DR FLETT’s Privacy Notice. In addition, your use of the Websites is governed by the terms of their respective Institutional License Agreements which are incorporated into your agreement with the DR FLETT by this reference and which must be entered into with the DR FLETT prior to using those Websites and their associated services.
These Terms apply to anyone who accesses or uses the Websites, whether or not you have registered for an account with the DR FLETT or are a member of the DR FLETT. By using the Websites you agree you accept the terms and conditions of the Terms and Privacy Notice. The Websites are always evolving and the form and nature of the Websites may change from time to time without prior notice to you. In addition, the DR FLETT may permanently or temporarily stop providing the Websites, or features of the Websites, and may not provide you with prior notice.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITES. BY ACCESSING OR USING THE WEBSITES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITES.
Privacy
The DR FLETT knows you care about your privacy. Any information you or other users provide to the DR FLETT or which we collect about you or others is subject to our Privacy Notice. To learn more about how the DR FLETT collects, uses, shares, and secures your information, please review the DR FLETT’s Privacynotice, which is incorporated into your agreement with the DR FLETT by this reference.
Eligibility To Use The Websites
The Websites are intended for legal use by adults only and are not directed to children under the age of 18. You may not use the Websites in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the Websites and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Websites; and (3) that your use of the Websites is in compliance with any and all applicable laws and regulations.
Your Representations & Warranties to DR FLETT
By using the Websites, you represent, warrant, and agree:
Accounts & Registration
Registering for a Websites Account: In order to use or access certain Websites or features of the Websites, you may be asked to register for a user account (a “Websites Account“) and become a registered user of the Websites (a “Registered User“). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Websites Account you register, and for any actions that arise from or take place using your Websites Account, whether or not you have authorized such actions or use; and (5) immediately notify the DR FLETT of any unauthorized use of your Websites Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Websites Account.
Your Websites Account Information: You may not select or use a Websites Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and the DR FLETT; or (4) that, in the DR FLETT’s sole discretion, is offensive, vulgar, or obscene. The DR FLETT reserves the right to refuse registration of a Websites Account, or cancel any account name, in its sole discretion.
The DR FLETT’s Termination of Access to the Websites: TheDR FLETT maintains the right to suspend or disable your access to the Websites and any Websites Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if the DR FLETT otherwise determines such action is warranted. The DR FLETT reserves the right to revoke your access to and use of the Websites at any time, with or without cause, whether or not you have established a Websites Account or are a Registered User.
Your Cancellation of Your Websites Account or Use of the Websites: You may cancel your Websites Account or your access to the Websites at any time by contacting the DR FLETT using the information below. Upon cancellation of your Websites Account, the DR FLETT may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Websites.
User Conduct
As a condition of your use of the Websites, you agree not to use the Websites: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by the DR FLETT as typical or expected use of the Websites consistent with the purposes for which the Websites were created. You specifically agree you will not do any of the following:
Content & Licenses
Content Definitions
There are various types of content involved in providing and operating the Websites. The term “Content” means all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Websites. “DR FLETT Content” means Content that the DR FLETT makes available to you through the Websites, including Content owned by the DR FLETT or licensed to the DR FLETT from a third party (excluding User Content). “User Content” means any Content posted or otherwise made available through the Websites by a User. “Collective Content” collectively refers to all of the Content available through the Websites, including DR FLETT Content and User Content.
Content Ownership
All DR FLETT Content is owned by the DR FLETT or its third party licensing partners. Your use of the Websites does not grant you any rights to the use or control of any of the DR FLETT Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the DR FLETT Content, including by caching, framing or any similar means, without the prior written consent of the DR FLETT is strictly prohibited.
The Websites and DR FLETT Content are protected by copyright, trademark, and other laws of the South Africa and foreign countries. Except as expressly provided in these Terms, the DR FLETT and its licensors exclusively own all right, title and interest in and to the Websites and DR FLETT Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Websites or DR FLETT Content. The DR FLETT or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the DR FLETT Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Websites, and copyrighted works associated with the Websites is common law and/or registered copyrights, trademarks, and/or trade dress of the DR FLETT.
You should assume that everything you read or see on the Websites is copyrighted or otherwise protected and owned by the DR FLETT, or a third party who licensed the right to use such content to the DR FLETT. Unless otherwise expressly noted, nothing that you read or see on the Websites or other Collective Content, or any of the source code or HTML code that the DR FLETT uses to generate the Websites may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of the DR FLETT or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the DR FLETT’s prior written permission, with the exception of your own User Content that you legally post on the Websites. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
The DR FLETT is not the publisher or speaker of User Content, or any other information on the Websites provided by third party content providers, and the DR FLETT is not liable for any claims related to such information.
The DR FLETT’s License to You
Subject to your compliance with these Terms, the DR FLETT grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Websites and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Websites or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Websites or the Collective Content other than as specifically authorized herein, without the prior written permission of the DR FLETT, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by the DR FLETT at any time without notice and with or without cause.
Your License to the DR FLETT
Certain features of the Websites may permit our Users to post User Content to be made available through the Websites. By making available User Content through the Websites, you grant to the DR FLETT and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other parties the DR FLETT may designate an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to make all uses of the User Content and derivative works from the User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including on or within the Websites, or for advertising or marketing of the Websites, as well as a license to use your name and likeness in marketing materials and in the Websites to promote your use of the Websites. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of the DR FLETT once you have submitted User content within the Websites.
Your grant of this license to the DR FLETT to utilize your User Content and any derivative does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. The DR FLETT does not claim ownership rights in your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Websites. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Websites, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant the DR FLETT the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or the DR FLETT’s use of the User Content (or any portion thereof) on, through, or by means of the Websites will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Websites. We reserve the right (but assume no obligation) to remove or modify any User Content from the Websites at any time, for any reason.
Copyright Policy
The DR FLETT respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Websites who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the DR FLETT will also terminate a User’s account if the User is determined to be a repeat infringer.
Notifying the DR FLETT of Copyright Infringement
To provide the DR FLETT with notice of an infringement, you must provide a written communication to the attention of “DR FLETT:” at admin@drflett.com that sets forth the information specified by the laws of South Africa. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
Providing the DR FLETT with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DR FLETT: admin@drflett.com that sets forth all of the necessary information. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Third Party Advertising & Marketing
The DR FLETT may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Websites, and via other mechanisms to provide such materials to you outside of the Websites such as on third party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from the DR FLETT and our partners. The DR FLETT may compile and release information regarding you and your use of the Websites on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Websites.
Intellectual Property
The DR FLETT and its licensors and partners own all rights, titles, and interests in and to the Websites, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Websites, excluding User Content (collectively, the “DR FLETT IP“). The DR FLETT IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the DR FLETT IP, including use of any DR FLETT IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Websites, or any Intellectual Property rights owned by the DR FLETT. The DR FLETT name, the DR FLETT logos and designs, and the product and service names associated with the Websites are trademarks of the DR FLETT or its affiliated third parties, and no right or license is granted to you by this Agreement to use the DR FLETT IP for purposes not directly related to your use of the Websites.
Linking & Framing
The DR FLETT grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Websites, so long as the links do not portray DR FLETT or its products or services in a false or misleading manner. You may not use any of the DR FLETT’s logos or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Websites or any of their content is prohibited without the prior written consent of the DR FLETT.
The Websites may contain links to third-party websites or resources, such as our online store, YouTube, Twitter, and Facebook. You acknowledge and agree that the DR FLETT is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the DR FLETT of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that the DR FLETT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Websites available on or through any such site or resource.
Email Notifications
As part of your use of the Websites, you may be asked to elect to receive certain email notifications from the DR FLETT and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from the DR FLETT related to the Websites. You may opt-out of receiving certain notifications in association with the Websites by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Websites announcements or notifications even if you have opted-out from other messages.
Termination
The DR FLETT may change, suspend or discontinue the Websites for any reason, at any time, including the availability of any Websites, features, or Content, without notice to you. The DR FLETT may also impose limits on certain Websites, features, or Content, or restrict your access to parts or all of the Websites with or without notice to you.
The DR FLETT may also terminate or suspend your use of or access to the Websites at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Websites, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Websites.
DR FLETT may also remove or disable access to any Collective Content and suspend or ban your access to the Websites or any DR FLETT account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact the DR FLETT using the information below. You are solely responsible for your interactions with other Users of the Websites. The DR FLETT reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Websites. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to the DR FLETT. Continued use of the Websites, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Websites, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Websites, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
International Use
The Websites are controlled and operated by the DR FLETT from within the United States. The DR FLETT makes no representations that materials contained within the Websites are appropriate or available for use in other locations, and access to the Websites from locations where such activity is illegal is prohibited. Those who choose to use the Websites from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
Indemnity
You agree you shall indemnify and hold harmless the DR FLETT, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Websites, use of the Websites, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.
Warranty Disclaimers
You acknowledge that the DR FLETT has no control over, and no duty to take any action regarding: (1) which Users gain access to the Websites; (2) what effects the Content or the Websites may have on you; (3) how you may interpret or use the Content or the Websites; or (4) what actions you may take as a result of having been exposed to the Content or the Websites.
You release the DR FLETT from all liability for you having acquired or not acquired Content through the Websites. The Websites may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The DR FLETT makes no representations concerning any content contained in or accessed through the Websites, and the DR FLETT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Websites. The DR FLETT makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. The DR FLETT cannot guarantee that you will obtain the results you seek or warrant that Websites will be error-free. The DR FLETT makes no representation or warranty of any kind with respect to use of Websites or the use or accuracy of the information on the Websites.
USER ACCESSES THESE WEBSITES AT HIS OR HER OWN RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY WEBSITES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY DR FLETT ARE HEREBY DISCLAIMED. NEITHER THE DR FLETT NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF DR FLETT, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL DR FLETT OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE WEBSITES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER THE DR FLETT NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE WEBSITES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE WEBSITES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of the DR FLETT as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
General Terms
Entire Agreement
The Terms, including the incorporated DR FLETT Privacy Notice, constitutes the entire agreement between Users of the Websites and the DR FLETT regarding Users’ use of and access to the Websites. Your use of the Websites is intended for your enjoyment and benefit and the provision of the Websites to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Websites.
Waiver & Severability
The failure of the DR FLETT to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of by the laws of the State of Illinois without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Websites will be brought solely in the federal or state courts located in the State of Illinois, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Websites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Transfer & Assignment
This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of the DR FLETT. The DR FLETT may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Websites. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
No Independent Contractor or Joint Venture
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Force Majeure
Except for your obligations hereunder to pay the DR FLETT, neither party shall be responsible for delays or failures in performance resulting from acts or circumstances beyond the control of such party, including, without limitation, acts of God, strikes or other labor disputes, riots, acts of war, malfunction of portions of the Internet or another third party network, governmental regulations promulgated after the effective date of this Agreement, communication line failures, power failures, equipment failures, fires or other disasters, and acts of third parties including hackers and crackers.
Political Activities
The DR FLETT is a Section 501(c)(3), not-for-profit corporation, and as such, does not participate in any political activities. You are prohibited from participating in political activities while using the Websites.
The following 2 clauses apply only to Dr John Flett
Certain portions of the Websites may contain information or content provided by Dr John Flett & associates for use in connection with the Websites as a sponsor of the Websites (“drflett.com, schoolingassessment.com”). With the sole exception of Dr John Flett & associates is not the author of, nor responsible for, the content of the Websites. You agree that Dr John Flett & associates liability and obligations are limited as a Provider in accordance with the terms of this Agreement.
Certain portions of the Websites may contain medical reference information or database content provided by Dr John Flett and associates., Inc. for use in connection with the Websites (“Dr John Flett and associates. Content”). You agree that Dr John Flett and associates., Inc.’s liability and obligations are limited as a Provider in accordance with the terms of this Agreement. The Dr John Flett and associates. Content is intended to serve the user as a rapidly accessible, concise initial reference resource and not as a complete reference resource. It does not include information concerning every therapeutic agent, laboratory or diagnostic test or procedure available. The Dr John Flett and associates. Content is clinically oriented and is intended to be used only by Users who are: (1) researchers who will not use the information for medical diagnosis or treatment, and (2) physicians and other competent healthcare professionals who will rely on their own discretion and judgment in medical diagnosis and treatment. Neither the DR FLETT nor its Providers directly or indirectly practice medicine or dispense medical services and, as such, assume no liability for data contained in the Dr John Flett and associates. Content. You assume full responsibility for the appropriate use of medical information contained in the Dr John Flett and associates. Content, and you agree to hold the DR FLETT and its Providers harmless from any and all claims or actions arising from your use of the Dr John Flett and associates. Content.
We value you as a patient. To prevent any misunderstanding, please note:
We do not send accounts to Medical Aid unless specifically requested by Dr Flett.
Fees are charged at Discovery Executive Package Medical Aid rates. If you are not on this plan, your medical aid may not cover the full fee. They pay a benefit based on the cover you have chosen.
Please note weekend and after-hour services are charged at higher rates, and rates are dependent on complexity and hours of service.
Patients must pay at consultation. Due to increasing bad debt, administration and legal costs, the following conditions apply (office hours):
• Invoices are due on presentation
• We do not phone medical aids
• You are responsible for settlement of fees charged regardless of whether we do/do not submit the invoice to Medical aid.
• If Medical Aid pays you, please pay us within 7 days of receipt of payment.
• It is advised that you monitor all invoices with your medical aid.
We do not ‘write off’ unpaid fees. All accounts in default (as detailed above) are referred to our Attorney for recovery. You will be liable for all costs on an attorney-own client basis.
Missed appointments not cancelled within 24 hours will be charged for. These terms and conditions automatically apply to all your dependents, whether listed or not.
Your de-identified information may be used for epidemiological, research, or practice business planning and may be passed on in a de-identified format to third parties for further processing. For the accuracy of health care planning, it is important that as much information as possible included in these analyses and that your participation in this regard is highly appreciated.
I understand the implications and agree, where appropriate, to the doctor and practice disclosing my ICD-10 diagnostic code under the conditions described above.
I accept these conditions. I confirm that I am not under an administration or insolvency order. I nominate my residential address as recorded alongside to be my domicilium citandi et executandi. I consent to the Magistrate Court’s jurisdiction in Durban, notwithstanding the amount of the claim against me.
I have read and accepted the terms of use, privacy policy, and sharing of personal information policy on the drflett.com website in terms of the South African POPI act.
Terms and Conditions Text