By using the website, you are deemed to have read and agreed to the following Terms and Conditions:
 
1.            DEFINITIONS
1.1.         “IP address” means a unique address that identifies a device on the Internet or a local network.
1.2.         “Personal information” has the meaning assigned to it in the Protection of Personal Information Act (Act 4 of 2013), and includes but is not limited to any information that identifies or relates specifically to you such as your name, age, identity number, contact details, gender, and information you on the Site.
1.3.         “Traffic data” means any data processed for the purpose of conveyance of a communication on an electronic communications network in respect of that communication and includes data relating to the routing, duration or time of a communication.
1.4.         “Site” means collectively our website/s and WhatsApp.
1.5.         “We”, “us”, “our” and the “Practice” means M Maddocks Inc / Ingrown Toenail Solutions.
1.6.         “Web browser” means an application used to access and view this website such as Internet Explorer, Google Chrome and Safari.
1.7.         “Website” means the internet website accessible at www.ingrwontoenail.co.za or any website with a URL that is validly registered to the Practice.
1.8.         “WhatsApp” means the American start-up, freeware and cross-platform messaging and voice over IP service owned by Facebook. It allows users to send text messages and voice messages, make voice and video calls and share images, documents, user locations and other media.
1.9.         “You” and “your” means the user of the Site and / or your legal guardian
 
2.            PURPOSE OF THE SITE
The main purpose of the Site is to provide relevant information about the Practice to patients and the public as well as collect information during the on-boarding process of new patients.
 
3.            CONDITIONS OF ACCESS AND USE
3.1.         To avoid any confusion, you agree that the Website Terms and Conditions apply to your use of the website, any third party website or mobile application licensed to us, including but not limited to WhatsApp.
3.2.         By using the Site, you guarantee that you will not and you will not allow third parties on your behalf to
3.2.1.     make and distribute copies of the Site;
3.2.2.     attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Site; or
3.2.3.     create derivative works of the Site of any kind whatsoever.
3.3.         You acknowledge that the terms of the agreement with your cell phone / internet provider will continue to apply when using the Site. That provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (data, SMS etc). The Practice  cannot be held responsible for these charges. If you are not the payer of the device being used to access the Site, you will be assumed to have received permission from the payer for accessing and using the Site.
 
 
4.            YOUR ACCEPTANCE AND CONSENT
4.1.         By using the Site, you expressly agree to the terms and conditions of this user agreement and you consent to sharing your personal information with us on the Site. If you do not agree to all of these terms and conditions, please do not continue to use the Site.
4.2.         You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.
4.3.         You may provide us with any personal information of a third party provided that you have informed the third party that you will be sharing their Personal Information with us and the third party has consented thereto. By using the Site, or contacting the Practice electronically on behalf of a third party, you warrant that you have obtained the required consent from such third party to share the third-party personal information with us. This user agreement and the privacy policy will apply to the personal information of a third party as provided by you.
 
5.            ELECTRONIC COMMUNICATION AND RECORDS
5.1.         When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
5.2.         You will receive communications from us via e-mail. If you do not want to receive e-mails from the Practice, please email FeetMatter@mmaddocksinc.co.za.
5.3.         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.
 
6.            INFORMATION PROTECTION
6.1.         The Site contains confidential information, which is the property of the Practice and/or its data subjects and/or its business partners. Unauthorised disclosure and/or use of this information may incur civil or criminal liability.
6.2.         Any of your personal information available on the Site and which you supply to the Practice when using the Site will be used by the Practice in accordance with its Privacy Policy and subject to legislation.
6.3.         You guarantee that all information provided by you on or via the Site is true, accurate, current and correct and you undertake to update the information as and when required.
6.4.         All information that you provide to the Practice may be stored electronically and with third parties, which parties are bound by strict levels of confidentiality. These electronic records shall be proof of the information unless you can prove otherwise.
6.5.         The Practice takes all reasonable steps to protect your personal information and maintain confidentiality, including by making use of encryption technology. However, the Practice cannot guarantee the security or integrity of any information you transmit to it online and you agree that you do so at your own risk.
 
7.            WEBSITE ANALYTICS
7.1.         You may visit the Site without providing any personal information. The Site servers will in such instances collect the IP address used by the data subject to access the Site, but not the e-mail address or any other personal identifiable information. The information on IP addresses is aggregated to measure the number of visits, the average time spent at the Site, pages viewed, etc. The Practice analyses non-identifiable traffic data to improve its services, via a third-party programme, Google Analytics.
7.2.         The Practice may collect, hold and use statistical information about Site visits to help it improve the Site. Such information includes –
7.2.1.     your IP address;
7.2.2.     the search / research terms you used;
7.2.3.     the pages accessed on the Site and the links visitors clicked on;
7.2.4.     the date and time you visited the Site;
7.2.5.     the referring Site (if any) through which you clicked through to our Site; and
7.2.6.     the type of web browser you use.
The traffic data is aggregated and is not personally identifiable. Our Site analysis will respect any “does not track” setting you may have set on your web browser.
 
8.            COOKIES
The Practice uses industry-wide technologies such as ‘cookies’ to collect information about the use of the Site, your preferences and past browsing history. ‘Cookies’ refer to information that is sent from the Site to your hard drive, where it is saved. This will allow the Practice to improve its services and your experience when you use the Site again. The cookies do not collect any personal information about data subjects. The information obtained will be shared with persons or entities to the extent necessary for them to administer and improve the Site on our behalf.
 
9.            LINKING TO THIRD PARTY WEBSITES
9.1.         The Website and WhatsApp platform may contain certain images and links to other third-party websites with information, content or material produced by other parties. These linked third-party websites are not under the control of the Practice and the Practice is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
9.2.         The Practice is providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by the Practice of the linked website, their business or security Practices, or any association with its operators.
 
10.          BREACH, DISCLAIMERS AND LIMITATION OF LIABILITY
10.1.      If you breach the Website Terms and Conditions, the Practice shall have the right to claim damages of whatsoever nature from you, including special, incidental, consequential or indirect damages. In addition, the Practice shall have the right to claim loss of profits and loss of business and to recover all legal costs on a scale as between attorney and own client from you.
10.2.      The Practice tries to ensure that the most sophisticated technology protects the information on the Site. However, the Practice cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact the Practice or the webmaster as soon as possible so that the problem can be addressed.
10.3.      The Site and all information, content, tools and materials are provided by the Practice “as is” and on an “as available” basis without warranty of any kind.
10.4.      The Practice does not guarantee the operation of the Site or the information content, tools or materials on the Site. You agree that you use the Site at your own risk.
10.5.      While the Practice makes every effort to ensure that the content and information on the Site is complete, accurate and up-to-date, it makes no guarantee about the suitability of the products and services and provides no representation or warranty, express or implied, regarding the accuracy, correctness and completeness of information contained on the Site.
10.6.      The Practice does not guarantee that the Site, information, content, tools or materials included on the Site, the Practice’s servers or any electronic communications sent by it are free from viruses or other harmful components. The Practice will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.
10.7.      The views and opinions expressed on this Site, links or attachments hereto do not necessarily reflect the views and/or opinions of the Practice. Regardless of the vast professional knowledge and scientific expertise in the field of Podiatry that the Practice possesses, it cannot inspect all information to determine the truthfulness, accuracy, reliability, completeness or relevance thereof.
10.8.      Although the Practice is fully committed to providing you with the best possible service, it shall not be responsible for:
10.8.1.   any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, epidemics, pandemics, or any other cause beyond the reasonable control of the Practice, or
10.8.2.   any inaccurate, incomplete or inadequate information supplied by you and obtainable from the Site.
10.9.      The Site and all of its component elements, including text, graphics, images, hyperlinks and other materials supplied by third parties, are for general educational purposes only and do not take the place of professional medical or Podiatric advice. To the extent that clinical information may be provided on the Site, it is based on best Practice and/or current research, recommendations and guidelines, which may change from time to time. The information provided does not replace the advice of a registered health care practitioner. You should not discontinue any treatment you may be receiving on the basis of information reflected on this Site without first consulting your treating practitioner and you should seek professional advice should any symptoms you may be experiencing persist.
10.10.    You agree to fully indemnify the Practice, its directors, and employees, contractors and Site contributors and will not hold us responsible for any claim relating to your use of the Site.
10.11.    You agree to fully indemnify the Practice, its directors, and employees, contractors and Site contributors from any errors or inaccuracies or incomplete information made available by third parties (including healthcare professionals, advisors and/or experts) on the Site and agree that we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from
10.11.1.       any disclosure to or by any third parties.
10.11.2.     your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices or mobile telephones;
10.11.3.      for any decision taken or acted upon as a result of reliance on the information or philosophies contained or expressed on the Site;
10.11.4.      any of the events described in this clause 8;
10.11.5.      your actions or omissions that result in a breach of the Website Terms and Conditions;
10.11.6.      any links to other Sites from the Site. You also acknowledge that the Practice cannot control the content of or the products and services offered on those Sites; and/or
10.11.7.       a denial of access to the Site should the Practice have reason to believe that you are conducting activities that are illegal, abusive, would affect the integrity of the Site or place the Practice in disrepute.
 
11.          TERMINATION
11.1.      The Practice may in its sole discretion terminate your use of the Site at any time by giving notice of termination to you, where this is possible.
11.2.      You agree that the following actions shall constitute material breaches of the Website Terms and Conditions that shall result in the termination of your access to the Site, if possible:
11.2.1.   signing in as, or pretending to be another person;
11.2.2.   transmitting material that violates, or could violate, the intellectual property rights or the privacy of others;
11.2.3.   using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or
11.2.4.   gathering information about others without obtaining prior written consent.
11.3.      Upon termination of use as contemplated in this clause 9, the rights granted to you by the Website Terms and Conditions shall terminate.
 
12.          COPYRIGHT
12.1.      All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to the Practice, unless we expressly state that it is not, and is protected by South African and international law. In addition, the compilation of all content on the Site is protected by South African and international copyright laws.
 
13.          INTELLECTUAL PROPERTY
13.1.      All trademarks, copyright, database and other intellectual property rights of any nature in the Site together with the underlying software code as well as any content made available on the Site (e.g. text, graphics, logos, images, etc.) are owned either directly by the Practice or by the Practice’s licensors unless expressly stated otherwise.
13.2.      You do not obtain any trademark, copyright, database or any other intellectual property right of any nature or licence by using the Site.
13.3.      You are not granted any license or right to use any trademark without the Practice’s prior written permission and/or that of any third party.
 
14.          JURISDICTION
The laws of the Republic of South Africa shall govern these Website Terms and Conditions.
 
15.          CHANGES TO THIS USER AGREEMENT
The Practice may change these Website Terms and Conditions from time to time as it sees fit without prior notice. We recommend that you familiarise yourself with this user agreement regularly. Your continued use of the site will signify your acceptance of any adjustment to these terms.  The current version of this user agreement will apply each time that you access and use the Site.
 
16.          FURTHER INFORMATION
If you have questions about these Website Terms and Conditions, please contact the Information Officer at FeetMatter@mmaddocksinc.co.za.