Website Terms and Conditions
Please read these terms and conditions carefully as they apply to your use of this Internet site (this “website”) which belongs to SAMED. By using this website you agree to be bound by the following terms and conditions.
The Website Terms and Conditions apply to the website in its entirety including all services offered by or through the website.
1. Definitions
“Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing:
(i) any law, rule or regulation of any country (or political sub-division of a country);
(ii) any obligation under any licence in any country (or political sub-division of a country); and
(iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country). “Content” includes things that you may see, read, hear, download or access on or via this website (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials). “Intellectual Property Right” has the meaning set out under section 5. “We” or “us” means SAMED.
2. Content
a) All Content is provided for general information purposes only.
b) This website provides Content to stakeholders including industry, policymakers, general public, healthcare professionals.
c) This website does not aim at providing information on a medical technology product in particular. Patients, physicians and other medical professionals should obtain such information with local medical resources and regulatory authorities, checking the information available in this regard in their country. We may pass on a request for a particular product to our broader membership who in turn may provide you with such information.
d) Content may include “forward-looking statements” which, at the time they were made, were based on then-current expectations of future events. The user is cautioned not to rely on these forward-looking statements.
e) You should always obtain complete medical information about medical technology (including their beneficial medical uses and possible adverse effects) by discussing directly with a healthcare professional (your physician or, where appropriate, other medical advisors). None of the Content on this website is a substitute for medical advice. If you have health concerns, you should consult your doctor.
3. Information supplied to us
a) You may be required to register with us in order to interact with this website. Where you are required to register:
(i) you must provide us with accurate, complete and updated registration information;
(ii) you must safeguard any username and password which we provide to you; and
(iii) you authorise us to assume that any person using this website with your user name and password is either you or authorised to act for you.
b) Except if the privacy policy under section 6 provides otherwise, any communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit becomes the property of SAMED and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever including, but not limited to developing of promotional material.
c) The sender of any communications to this website or otherwise to SAMED shall be responsible for the information contained therein, including its truthfulness and accuracy. You cannot:
(i) disrupt or interfere with the website or servers or other software, hardware or equipment connected to or via this website (including, without limitation, the introduction of computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or misuse the website (including, without limitation, by hacking);
(ii) violate any Applicable Law relating to your use of this website;
(iii) collect or store personal data about other users of this website; or
(iv) share information in any way on specific products, nor to report any adverse event in using products; please send any report on adverse events to manufacturers and relevant authorities where appropriate;
(v) transmit to or from the website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals. We will fully cooperate with any law enforcement authorities or court order requesting or directing use to disclose the identity of anyone breaching the Applicable Law.
d) If we become aware that you have breached any of the terms and conditions contained herein, we may immediately take corrective action, including preventing you from further using this website and removing any information, data and content put by you on this website at any moment and without notice. We may also seek to recover damages from you.
4. Limitation of liability
a) You use the website at your own risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the website is for information purposes only.
b) We endeavour to provide a convenient and functional website, but we make no warranties or representations as to the accuracy of any of the Content. We assume no liability or responsibility for any errors or omissions in the Content.
c) Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content. We reserve the right to make changes, corrections and/or improvements at any time without notice.
d) We are not liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of this website.
e) Without limiting the above provisions, everything on this website is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
If a jurisdiction does not allow the exclusion of implied warranties in accordance with this provision, but allows limitations of a certain maximum extent then we limit our warranties to that extent. In addition to the other disclaimers and restrictions on our liability set out in these terms and conditions and to the fullest extent permissible under any Applicable Law, we will accept no liability whatsoever for any direct, incidental, consequential or indirect loss or damage, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use this website and the Content, however caused and whether arising in contract, tort (including negligence) or otherwise, and whether or not we know of the possibility of such loss or damage.
Any content or guidance provided on the website is not a substitute for appropriate legal advice and is not binding on SAMED. SAMED, its board members, committees, employees and members, will not be responsible for any inaccuracies or omissions, or, liable for any damages or loss of whatsoever nature suffered by any person as a result of relying on or using the content of the website.
f) We have not reviewed any or all of the third-party websites which contain links to this website and we accept no liability for the content of any such off-site pages or any other sites linked to this website. Quotation or use of one or more portions of this website in the site of any third parties without written consent is prohibited.
g) This website may provide links or references to other sites. We have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this website. Please note that the terms of use and privacy policy of these other sites may be different than these of this website.
5. Intellectual property rights
a) You acknowledge that the Content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”). You must not by yourself or permit any other person to:
(i) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
(ii) use any Content on any other website or in a networked computer environment for any purpose; or
(iii) reverse engineer any Content consisting of downloadable software; or
(iv) otherwise infringe the Intellectual Property Rights of any person in using the website or any Content.
b) Nothing you do on or in relation to this website will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.
6.Cookies and privacy policy
In using this website you may give us “personal data” as defined in the Applicable Law. In this regard, you may have certain rights pursuant to the Applicable Law. By using this website you grant us the consent to use your personal data in accordance with the cookies and privacy policy contained below, which describes how we handle your personal information on this website.
a) What are cookies and why do we use them? Cookies are small text files which are placed on the computer or electronic device of a website user to provide the website operator with information about use of our site. They are used to enable websites to function or to provide information to the owners of a website. Some cookies are deleted when you close down your browser. These are known as session cookies. Others remain on your computer or electronic device until you delete them from your cache.
These are known as persistent cookies and enable us to remember things about you as a returning visitor. In broad terms we use cookies on our site for the following purposes:
Analytical purposes: Analytical cookies allow us to recognise, measure and track users of our site in an anonymous form. The information collected includes the number of visitors to our site, where visitors have come to our site from and the pages that they have visited. This helps us to improve the way our site works, for example, by determining whether site visitors can find information easily, or by identifying the aspects of websites that are of the most interest to them. This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”) to store “analytical cookies” on your device. This means that information about users and the use of our website is transmitted to Google and processed on our behalf for the purpose of compiling reports on website activity, measuring website visits and visitors and providing similar services for us. This includes the transmission of your IP address, but it will not be merged with other Google data. In addition, it is shortened (usually within the European Union) and saved by Google only in an abridged form. For storage in the United States, Google’s self-certification according to the Privacy Shield provides an appropriate level of data protection. You can object to the processing of your data for these purposes by installing a browser plugin [please provide hyperlink]
Usage preferences: Some of the cookies on our site are activated when visitors to our sites make a choice about their usage of our site. The site then ‘remembers’ the settings preferences of the user concerned. This allows us to tailor aspects of our site to the individual user.
Disclaimer: We use cookies on our site to record when a site visitor has seen a policy, such as this one, or provided consent, such as consent to our Disclaimer. This helps to improve the user’s experience of our site – for example, it avoids a user from repeatedly being asked to consent to the same terms.
Session management: The software that runs our websites uses cookies for technical purposes needed by the internal workings of our servers. For instance, we use cookies to distribute requests among multiple servers, authenticate users and determine what features of our site they can access, verify the origin of requests, keep track of information about a user’s session and determine which options or pages to display in order for our site to function.
Functional purposes: Functional purpose cookies store information that is needed by our applications to process and operate. For example, where transactions or requests within an application involve multiple workflow stages, cookies are used to store the information from each stage temporarily, in order to facilitate the completion of the overall transaction or request.
b) Your cookie preferences. To make full use of this website, your computer or electronic device will need to accept cookies, as this website will not function properly without them. In addition, cookies are required in order to provide you with personalized features on this website. If you wish to remove cookies set by this website from your browser in the future, you may delete them. The instructions for removing cookies from your computer or electronic device depend on the operating system and web browser you use. Please note, however, that withdrawing your agreement to the use of cookies on this website will impair the functionality of this website.
c) Third-party cookies. When you visit this website, you may receive cookies that are set by third parties. These may for example include cookies set by Google. These cookies are used for the purposes described in the “Why do we use cookies?” section of this policy. We do not control the setting of these third-party cookies, so we suggest you might wish to check the third party sites for more information about their use of cookies and how to manage them.
d) information we may collect from you. We may collect and process the following data about you. Any data collected and processed shall be collected and processed in accordance with this cookies and privacy policy:
(i) information that you provide to us via our website;
(ii) if you contact us, we may keep a record of that correspondence and may record telephone calls for regulatory compliance and record keeping purposes; and
(iii) details of your visits to our website and the materials and information that you access.
e) We do not identify users who only browse our website. The browsing data we collect includes the name of your internet service provider, the website from which you access our website, temporarily your full IP address and the date and duration of your visit.
f) Processing for services. For some services on this website, such as
- membership application and information portal: we ask for information from you like your name, name of the company details, email address, phone number and ID number, VAT number, physical and postal address, website, company key brands or products, turnover information.
- Newsletter sign up: we collect your name, email address and company detail
- Contact page: First and last name, email address, phone number, comment/query
- On Committee Page: Application to join a committee, first and last name, member company, designation, email, phone number, level of expertise, motivation for joining the committee, manager’s contact information, CV
- When logging a query: First and last name, email address, phone number, query
- For Events: Company billing information, company Name, contact first and last name, information on membership status, company VAT number, physical address, telephone number, email address, attendee registration information, first and last name, email address, telephone number, company, designation
We use your Personal Information to provide you access to services that you requested such as giving you access to our materials, answering questions about our services or sending you newsletters based on your selections. In order to provide you with relevant information, we can individualize the content you requested based on the information we collected about you.
g) Retention. We store Personal Information for as long as necessary for the provision of the service requested by you. For example, when you subscribe to a newsletter we will store the associated Personal Information at least until you unsubscribe. Personal Information which is collected while browsing our website and which can legally be considered personal data (such as the complete IP address) is stored for a period of time of 5 years, unless a reasonably justified incident indicates a longer storage period (e.g. due to a hacking attack). Information without any personally identifiable information may be stored permanently.
g) Your rights. You have the right to request access to your personal data we hold about you, the right to object to the processing of your Personal Information, the right to request the rectification of inaccurate Personal Information, the deletion and/or destruction of your personal information as well as the right to withdraw your consent at any time and free of charges. Any request to exercise such rights must be addressed as provided below.
h) Contact us. If you have any questions about this privacy policy or our related practices, please contact us by e-mail at secretariat@samed.org.za
7. General provision
We reserve the right to modify or discontinue this website at any time without notice and without liability. We may also revise these terms and conditions from time to time by updating this page. The revised terms will take effect when they are posted.
If you have questions about these Website Terms and Conditions, please contact us at secretariat@samed.org.za
