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:
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“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;
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"Brand" means the "Compass Medical Waste Services" brand which is owned by the Compass Medical Waste Services
(Proprietary) Limited;
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"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;
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"Facebook" means Facebook Inc. as well as the social network located at http://facebook.com, as the context dictates;
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"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;
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"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;
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"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" means online social networks, social media generally and similar communication tools
including, but not limited to, blogs, Facebook and Twitter;
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"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;
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"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;
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"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);
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"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:
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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;
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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;
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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;
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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;
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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";
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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);
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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;
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use the site to post anything which contains viruses or any other destructive features, regardless of whether
or not damage is intended;
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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;
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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:
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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
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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;
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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
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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:
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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
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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.
