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This is version 2.0 of the Terms and Conditions which Compass Waste Services implemented on
You may access the site (defined below) on condition that you accept these terms and conditions as they are and without modifications. These terms and conditions are a binding contract between you and us so it is very important that you read them carefully and ensure that you understand and accept them.
If you access the site, we will take that to mean you have read and understand these terms and conditions and agree to them. If you do not agree with any provision contained in these terms and conditions, please do not access the site in any way.
We reserve the right, in our sole discretion, to, and you agree that we may, amend these terms and conditions at any time, in any way and from time to time. We will publish the amended terms and conditions on the website and notify you that we have done so. These amendments shall come into effect immediately and automatically.
It is your responsibility to review these terms and conditions regularly and to ensure that you agree with any amendments to these terms and conditions. If you do not agree with any amendments to these terms and conditions, you may no longer access the site.
Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an "electronic transaction" with us on the site. None of these terms and conditions are intended to limit the rights the ECT Act grants you.
Important provisions pertaining to legal liability
These terms and conditions contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms and conditions.
It is therefore important that you familiarise yourself with these provisions before you access the site and that you do not access the site if you do not agree to abide by these provisions.
You may not access the site and may not accept these terms and conditions if you lack the legal capacity to enter into a binding contract with us or you are a person barred from accessing the site under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you access the site.
By accessing the site and/or the content you represent and warrant that you are of full legal age or are emancipated or have your guardian's consent to enter into a contract being these terms and conditions.
We may change aspects of the site
We may add new features and modify or even discontinue existing features without notice to you and in our sole discretion. You agree to this. You are free to stop accessing the site at any time without notifying us.
Content accessible through the site may not be appropriate for all users and while we take steps to monitor and remove objectionable content, it remains solely your responsibility not to consume inappropriate content and to prevent underage users from accessing this content where it is within your control to do so.
These terms and conditions may contain a number of terms and phrases which have a specific meaning in this document. In these terms and conditions, headings are for convenience and shall not be used in its interpretation.
Unless we indicate to the contrary in these terms and conditions, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, and the singular includes the plural and vice versa.
When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa; All annexures, addenda and amendments to these terms and conditions form an integral part of these terms and conditions and, therefore, our contract with You.
The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings
We operate the site as extensions of our information, education and marketing initiatives. Information about the site may be found on the site concerned.
You warrant that the registration data is accurate, current and complete (this includes registration data that we may receive from the Social Services). You will be denied access to the site should you breach this warranty or subsequently be found to have breached this warranty.
We will take steps to verify your registration data once you have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to us gaining access to relevant information held by 3rd parties (including, but not limited to the Social Services) which may be required to reasonably complete the verification process. You acknowledge and agree that access to the site may be limited until such time as the verification process has been successfully completed.
Should you not agree to the verification process as contemplated above or withhold your consent, your access to the site, generally, may be suspended or terminated and you waive any claims you may have against us and/or Compass Medical Waste Services' Associates arising out of our denial of access to you to the site. You agree that the security of your account is solely your own responsibility.
You further agree that -
You are responsible for maintaining and promptly updating the registration data and any other information you provide us with, thereby keeping it accurate, current and complete; if you believe that information or content posted to the site infringes on any person's rights in any way, you will notify us immediately;
if you believe the security of your registration on the site has been compromised in any way, you will notify us (in the case of The Website) or the relevant Social Service (in the case of the branded site) immediately;
You shall be held fully responsible for any misuse or compromise to your account which we are not properly notified about;
and if any security violations are believed to have occurred in association with your account, we reserve the right to suspend access to your account pending an investigation and resolution.
Users' code of conduct
You may not access the content for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these terms and conditions.
You may not frame the site in any way whatsoever except as permitted by the site's functionality or otherwise without our prior written permission. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Site as well as the providers' terms.
You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without being limited to the examples listed below, you agree not to:
Our license to you
We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to access the content on the site. This licence is for the sole purpose of enabling you to access the site, in the manner permitted by these terms and conditions. In the event that we revoke this license, you may no longer access the site or the content on the site.
You may not (and you may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the site or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.
Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use the site or otherwise transfer any part of your rights to use the site.
To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original content are retained and displayed without alteration or modification and not in any manner obscured or removed.
You acknowledge that You do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that content except where explicitly permitted to do so.
Caching of the site shall only be permitted if:
Your license to us
We do not claim any ownership rights in the content that you post to the site. You retain any rights that you may already
have in your content when you post your content to or otherwise access the site, subject to the limited license you grant
By posting any content on or through the site, you grant us an irrevocable, non-exclusive, commercial, fully-paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialise or otherwise distribute such content on or through the site including without limitation, distributing part or all of the site or content in any media formats and through any media, partners' or affiliate channels and make use of the content in our advertising campaigns.
The license you grant to us means that -
General issues you should be aware of
Because you can only lawfully license content you have certain rights in, you represent and warrant that:
Disclaimers and limitation of liability
Your use of and reliance on the site is entirely at your own risk. The site is provided "as is" and "as available".
Although we take steps to verify information presented on or through the site, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through the site or the content that other users may publish to the site. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on the site without notice to you.
Information, ideas and opinions expressed on or through the site should not be regarded as professional advice or our official opinion and you are strongly advised to seek professional advice before acting on any such information.
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including without limitation, any implied warranties that the content published to the site (or the site themselves, for that matter) is fit for any purpose other than as a reference work in respect of the content provided on the site.
Whilst we take reasonable precautions in our operation of the site, you agree that neither we or Compass Medical Waste Services' associates shall be liable in respect of any loss, damage or damages however arising and whatever the cause, in particular pursuant to and in furtherance of this agreement, your access to the site or from your inability to access the site.
We will use reasonable endeavours to make the site available to you and to keep the site available to you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by, or arising from, the unavailability of, any interruption in, or your access to, the site (either in part or as a whole) for any reason whatsoever.
You hereby indemnify us and Compass Medical Waste Services' associates from any loss, damage, damages, liability, claim or demand due to, or arising out of, your use of the site or your breach of these terms and conditions.
We are not responsible for files and data residing on your account or for any contributions that you may have made to the site. You agree to take full responsibility for files and data transferred and your content, as well as to maintain all appropriate backups of files and data stored on our servers.
Dealings with 3rd parties
Links to and from the site from and to other websites belonging to or operated by 3rd parties ("linked websites") do not constitute our endorsement of such linked websites or their contents nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party.
We have no control over linked websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or any other loss caused or alleged to have been caused by, or in connection with, your use of or reliance on any content, information, goods or services available on or through any linked websites. You agree that, in the event that you access linked website, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to the Site is similarly entirely at your own risk and are solely between you and such 3rd party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
If any dispute arises between us and you regarding any provision of these terms and conditions, or its application or termination, then you and we agree that you and we will attempt to resolve our dispute informally by means of joint co-operation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as we may agree to with you.
In the event you and we are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Durban.
This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.
Any award that may be made by the arbitrator -
Governing law and jurisdiction
The site is controlled and maintained from our facilities in the KwaZulu-Natal province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the site and these terms and conditions.
You consent to the jurisdiction of the KwaZulu-Natal High Court, Durban, South Africa in respect of disputes which may arise out of your access to the site and these terms and conditions.
You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates' Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates' Court.
Legal service of documents and notices
We choose the addresses below for all communication purposes under these terms and conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature.
We may monitor your communications
Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications that you may send, post to or using the site and/or to our staff and/or employees.
You agree and acknowledge that the consent that you provide above satisfies the "writing" requirement specified in the ECT Act and in the RIC Act.
If you breach any of these terms and conditions, we may immediately, automatically and without notice to you, terminate your access to the site, and/or prohibit your future access to the site, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.
Disclosures required by the ECT Act
Access to the content on or through the website and the website itself are classified as "electronic transactions" in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:
Our full name and legal status: Compass Medical Waste Services (Proprietary) Limited, Registration Number 2003/002007/07
Place of registration: Republic of South Africa
Street address: 8 Langford Road, Westville, 3629
Postal address: P O Box 1690, Westville, 3630
Main business: Healthcare risk waste treatment and related products
Website address: www.compasswasteservices.co.za
Official email address: email@example.com
Membership of self-regulatory or accreditation bodies: IWMSA, Healthcare Waste Forum
Management: Directors: IC du Randt (Managing Director), DS Anderson (Chairman / Financial Director), GC du Randt.
You agree that:
Disclosures required by the ECT Act
What we collect and how we make use of your personal information
We may electronically collect, store and use personal information with your consent (if you don't consent to this, please do not access or register on the site). this personal information includes, but is not limited to, the following:
Personal information you provide to us: We receive and store any information you furnish us with through the site or provide to us in any other way. The types of personal information collected may include your name, email address, phone number, birthday, Social Services' usernames or profile information, use information regarding your use of the site, and browser information. The personal information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with other users through the site, improving the content on the site, customising aspects of the website, and communicating related information, news and updates to you. We may also make use of your personal information in order to adapt the site to your needs, to research and improve the site' effectiveness, and to develop new tools for the site' users.
Information Collected Automatically: When you use the site, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. We treat this data as non-personal Information, except where we are compelled to do otherwise by law or legal authority. We only use this data in aggregate form and we may provide this aggregate information to our partners about how our customers, collectively, use the site, so that our partners may also understand how user make use of the site.
In addition to the above, we may further collect, store and use your personal information in order to (but not limited to the following) -
We provide you with a choice as to whether or not we will send you information about special products and services in the future, and whether or not information will be sent by our agents or 3rd party service providers. You change this choice in the future by contacting us with this request, although it may also be necessary to contact any other organisations that have obtained your information in order to indicate your choice at this stage.
You may request details of your personal information which we collect, store and use.
Personal information collected from you may be deleted from the website and member databases when your account on the website is terminated for any reason.
In the event that your personal information is inaccurately or incompletely reflected on the website, you agree that it is your responsibility to notify us of this fact and to supply us with the accurate or complete information in order to enable us to address your concerns.
Software and equipment
It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and access accounts required to access the site.