Compass CRUX - April 2019 | Compass Medical Waste Services

WHEN YOU PARTNER WITH US, YOU GAIN…

Our excellent track record and customer-centric approach, coupled with our capacity, means we are fully equipped to serve you.

Finding cost effective and environmentally conscious solutions, we ensure compliance remains a top priority through ongoing clinical support and access to tracking, traceability, training and the online document management system (DMS).

Our extensive experience in the industry has underscored the importance of contingency plans and with our 76-strong fleet of vehicles, our multiple treatment facilities and reliable, compliant suppliers, we are well placed to assist.

COMPASS BOASTS ENVIRONMENTALLY CONSCIOUS INITIATIVES

We understand energy is precious. With that in mind, we use an energy recovery system and HFO (heating fuel oil) boilers to increase boiler efficiency, reducing fuel and electrical costs. Using the HFO boiler drastically reduces the energy requirement to treat each kilogram of waste by 64%.

In addition, our closed loop water cooling system ensures that minimal water leaves the site resulting in a water consumption reduction of 50%. While our reusable container washers also reduce the amount of energy and water required in the washing process.

CHOOSE DANIELS SHARPSMART -

YOUR ENVIRONMENTAL SOLUTION

Caring for the environment and the safety of healthcare workers with the best in the world.

If you have the opportunity to reduce carbon emissions and plastic to landfills, why wouldn’t you? Proud to partner with Daniels International, we deliver smart, world-class design in the healthcare risk waste management sector.

Long term, Daniels Sharpsmart is an environmentally safer system that sets the bar for global best practice.

The reusable design of the patented Daniels Sharpsmart container provides significant environmental advantages by reducing both the number of containers produced, along with a substantial reduction in carbon emissions and a 99.9% reduction in plastic going to landfill.

Through Daniels Sharpsmart we can help safeguard the health and safety of your employees and patients, while providing an environmentally sound practice of disposal.

This is version 2.0 of the Terms and Conditions which Compass Waste Services implemented on This website and its content is copyright of Compass Medical Waste Services - © Compass Medical Waste Services 2020. All rights reserved.
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.
The site will contain content that we, you and other users create. Some of this content will be directed to or appear on 3rd party websites (which may include the Social Services). Your use of those 3rd party websites is subject to both these terms and conditions and the terms and conditions applicable to those 3rd party websites (which may include the Social Services' terms of use). You agree that it remains your obligation to familiarise yourself with the 3rd parties' terms and conditions (including, where appropriate, the providers' terms) and to comply with both them and these terms and conditions. In the event there is a conflict between these terms and conditions and a 3rd party's terms of use (including, where appropriate, the Social Services' terms of use), these terms and conditions shall prevail for the purposes of your access to the site.

Interpretation
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.

Definitions
The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings

“3rd party websites" means websites other than Compass Medical Waste Services;
"Access" when used in the context of:
“Website” (whether it be the site or a 3rd party website), means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
"Brand" means the "Compass Medical Waste Services" brand which is owned by the Compass Medical Waste Services (Proprietary) Limited;
"Content" means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the site;
"the ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
"Facebook" means Facebook Inc. as well as the social network located at http://facebook.com, as the context dictates;
"Intellectual Property" means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on the site;
"know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with the site, as well as, all available information regarding marketing and promotion of the products and services described in these terms and conditions, as well as all and any modifications or improvements to any of them;
"Post" means to upload, publish, transmit, share or store;
"RIC Act" means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002;
"Site" means the website and the branded site
"Social Services' terms of use" means the terms and conditions governing the Social Services' services and/or platforms from time to time;
"Terms and Conditions" means these terms and conditions of use, as amended from time to time;
"Trademarks" means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same;
"Twitter" means Twitter Inc. as well as the social network and messaging platform tools accessible through http://twitter.com;
"The Website" means the brand's website located at http://www.compasswasteservices.co.za
"You" means visitors to the site ("Your" and "Yourself" have corresponding meanings);
"Us", "We" and "Compass Medical Waste Services" means Compass Medical Waste Services (Proprietary) Limited, a company with limited liability incorporated in accordance with the company laws of the Republic of South Africa (registration number 2003/002007/07) ("Our" bears a corresponding meaning);
"User/s" means, anyone who accesses the site within the meaning of the term "Access" above.

The Site
We operate the site as extensions of our information, education and marketing initiatives. Information about the site may be found on the site concerned.

Registration
You may be required to register on the Site if you wish to access the site. Registration is achieved using a registration form available on the site (where you register with the Social Services to access the branded site you grant permission to the Social Services to pass certain of your personal information to us to enable you to access the site). Registration with the Social Services is subject to the Social Services' terms of use.
When you register on the site you may be asked to select a user name and password which you will use to secure your account. Once registered, you will be able to log into your account using your user name and your password or your relevant account information with your preferred authentication service. In order to successfully complete the registration process, you are required to submit information about yourself and your preferences to us ("Registration Data"). The use of your registration data is dealt with in our privacy policy below.
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:

engage in any abuse of email or spamming, including, without being limited to - the posting or cross-posting of unsolicited content with the same or substantially the same message to recipients that did not request to receive such messages;
engage in any activity intended to entice, solicit or otherwise recruit website users to join an organisation except where we expressly authorise such activities in writing;
take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the site;
use the site to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
use the site to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
use the site in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others (including, but not limited to, the Intellectual Property);
use the site in any manner which could damage, impair, overburden or disable the site or interfere with any other party's access to the site;
use the site to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;
violate the privacy of any person or attempt to gain unauthorised access to the site or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
otherwise use the site to engage in any illegal or unlawful activity.

Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:

without notice, suspend or terminate your access to the site to the extent your access to the site is within our control;
hold you liable for any costs we incur as a result of your misconduct; and/or
notwithstanding our privacy policy, below, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Licenses
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:

the purpose of caching is to make the onward transmission of the content from the site more efficient;
the cached content is not modified in any manner whatsoever;
the cached content is updated at least every 12 (twelve) hours; and
the cached content is removed or updated when we so require.

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 to us.
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 -

You are free to license your content to anyone else in addition to us;
We may make commercial use of your content or otherwise commercialise your content;
We are not required to pay you for the use of the content you post to the site;
We are able to use our affiliates, sub-contractors and other partners (such as Internet content delivery networks and wireless carriers) to grant access to the site; and
the license extends to anywhere in the world because of the global nature of the Internet and the fact that our users can access the content from anywhere in the world.

General issues you should be aware of
Because you can only lawfully license content you have certain rights in, you represent and warrant that:

You own the content you posted on or through the site or otherwise have the right to grant the license set forth in this section; and
posting your content on or through the site does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity. You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any content you post on or through the site.

Privacy Policy
We shall take reasonable steps to protect your personal information. For the purposes of this privacy policy "Personal Information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.

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.

Indemnity
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.

Arbitration
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 -

shall be final and binding;
will be carried into effect; and
may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the award of the arbitrator in terms of this clause.
This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.

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.

Termination
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: compass@compass.za.net
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.

General terms
You agree that:

You are bound by these terms and conditions;
this agreement shall be deemed to have been concluded in Durban at the time that you access the site for the first time;
data messages addressed by you to us shall be deemed to have been -
received if and when responded to;
sent by you within the geographical boundaries of the Republic of South Africa;
You shall be deemed to have been received data messages that we address to you as detailed in section 23(b) of the ECT Act;
electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us;
as well as warrant that data messages that you send to us from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.

These terms and conditions constitute the whole agreement between you and us relating to your access to and use of the site.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms and conditions which we may show, grant or allow you shall operate as an estoppel against us in respect of our rights under these terms and conditions nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.
Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and Compass Medical Waste Services and you shall not hold yourself out as the agent or partner of Compass Medical Waste Services or as being in a joint venture with Compass Medical Waste Services.

Compass CRUX – April 2019