Terms & Conditions
- Definitions and Interpretation
1.1.1. "ECT Act" refers to the Electronic Communications and Transactions Act No. 25 of 2002, as amended.
1.1.2. "Frame" means to organize the website into different frames, where each frame displays a separate HTML document, thereby severing the link between the content and the URL.
1.1.3. "User" means any person who accesses and/or uses the website of Dr. RB Nxumalo.
1.1.4. "Dr. RB Nxumalo's Website Eyangakithi Medicals" refers to the website displaying official content as authorized by Dr. RB Nxumalo's, Eyangakithi Medical the medical practice.
1.1.5. "Dr. RB Nxumalo" refers to the registered medical practice of Dr. RB Nxumalo, "Eyangakithi Medicals".
1.1.6. "The Eyangakithi Medical Practice" refers to the registered medical practice of Dr. RB Nxumalo, with HPCSA Registration Number: MP0673277.
1.1.7. "Site Content" means the textual, visual, or audio content that is part of the user experience.
1.1.8. "Website" refers to a collection of web pages (documents accessed through the Internet).
Unless a contrary intention is clearly stated, words in any gender include the other genders; the singular includes the plural and vice versa; and natural persons include created entities (corporate or unincorporate) and the state, and vice versa.
1.2. Allowed Use and License
1.2.1. By accessing Dr. RB Nxumalo's website "Eyangakithi Medicals", the User agrees to the terms and conditions herein and all applicable laws.
1.2.2. Dr. RB Nxumalo's website "Eyangakithi Medicals" authorizes the User to view and print the website content, provided it is used for personal, educational, and/or non-commercial purposes.
1.2.3. The website content may not be used for any commercial or non-private use without the prior written consent of Dr. RB Nxumalo's practice.
1.2.4. Users may only access and use the website for lawful purposes.
1.2.5. No person may frame this website in any manner without the prior written consent of Dr. RB Nxumalo's practice.
1.2.6. Users are not allowed to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast, or distribute any Site Content in any way.
1.3. IP Rights and Domain Names
1.3. Intellectual Property Rights and Domain Names
1.3.1. All intellectual property on the website, including but not limited to trademarks, domain names, patents, text, graphics, software, icons, hyperlinks, and design elements, are the property of Dr. RB Nxumalo and "Eyangakithi Medicals"are protected from infringement by domestic and international legislation.
1.3.2. All Site Content remains the sole property of the relevant content owner and is protected under all relevant copyright, trademark, patent, and other applicable laws.
1.3.3. Nothing on the Website should be construed as granting any license or right to distribute content without the express written consent of Dr. RB Nxumalo.
1.4. Sever-ability
If any provision contained herein is found to be void or unenforceable for any reason, it will be severed, and the remaining provisions will continue in full force and effect.
1.5. Waiver
1.5.1. Although Dr. RB Nxumalo will make reasonable efforts to ensure the reliability of the website content, inaccuracies may occur. Therefore, the User acknowledges that:
1.5.1.1. Use of the website is at the User's own risk.
1.5.1.2. The website is provided to the User "as is".
1.5.2. The User is prohibited from:
1.5.2.1. Placing information, personal or otherwise, on Dr. RB Nxumalo's website.
1.5.2.2. Creating additional hyperlinks on Dr. RB Nxumalo's website.
1.5.2.3. Defacing Dr. RB Nxumalo's website, "Eyangakithi Medicals".
1.5.2.4. Deleting, altering, and/or amending content on Dr. RB Nxumalo's website, "Eyangakithi Medicals"
1.6. Hyperlinks
1.6.1. The Website may provide hyperlinks to other websites not controlled by Dr. RB Nxumalo's practice. Such links do not imply the endorsement, agreement, or support of the content of those other sites.
1.6.2. Downloading material from these sites may risk infringing intellectual property.
1.6.3. It is the User's responsibility to assess the authenticity of any website that may be hyperlinked to Dr. RB Nxumalo's website.
1.6.4. The Practice is not responsible for ensuring that hyperlinks are operational.
1.7. Security
1.7.1 1. Online Security and Privacy
1.7.1.2 While a 100% secure online environment is unattainable, Dr RB Nxumalo is committed to implementing reasonable security measures to safeguard the content of the website.
1.7.1.3 The privacy of users is of utmost importance to Dr RB Nxumalo's medical pratise. Any information provided by users is stored on a secure server.
1.7.1.4 Dr RB Nxumalo does not sell or rent personal information about individual users, such as name, address, email, or phone number, to third parties.
1.7.1.5 Dr RB Nxumalo may disclose personal information if required by law enforcement, a subpoena, court order, or as otherwise required by law.
1.8. The information provided by users will be used by Dr RB Nxumalo to provide services, personalize the user experience, and inform users about changes or features that may be of interest. By providing this information, users consent to its use for these purposes as outlined in the Privacy Policy.
1.8.1 For more detailed information about the practice's handling of user personal information, please refer to the full Privacy Policy.
Disclaimer and Limitation of Liability
1.8.2 Website Content and User Responsibility
1.8.3 The information on Dr RB Nxumalo's website is for informational purposes only and is not intended to constitute professional advice, as individual circumstances may vary.
1.8.4 Dr RB Nxumalo is not liable for the information posted on the website.
1.8.5 Dr RB Nxumalo is not liable for the actions of users of the website.
1.8.6 By using the website, users agree to indemnify, defend, and hold harmless Dr RB Nxumalo, its agents, employees, and representatives from:
1.8.7 Any claims related to the infringement of intellectual property rights, libel, or defamation of material the user may send to the website.
1.8.8 The user's breach of the website's terms and conditions.
1.8.9 Any claims, costs, losses, or damages that may result from the use or reliance on information provided on the website.
1.8.10 Dr RB Nxumalo, its agents, employees, and representatives are further indemnified against any costs, losses, or damages that may result from users entering into transactions with third parties, including Dr RB Nxumalo, based on information from the website or related sites.
1.9 Limitation of Liability
Under no circumstances will Dr RB Nxumalo, "Eyangakithi Medicals", their lawful agents, or representatives be liable for any damages, whether physical, moral, or material (including but not limited to indirect, punitive, incidental, and consequential damages, lost profits, expenses, costs, or data loss/business interruption) resulting from the use or inability to use Dr RB Nxumalo's website and its content. This limitation of liability applies regardless of the basis of the claim, whether it is warranty, contract, tort, or any other legal theory, and even if Dr RB Nxumalo, their agents, employees, or representatives are advised of the possibility of such damages.
1.10 Content Correction and Removal
Users should report any untrue, inaccurate, illegal, or harmful content on Dr RB Nxumalo's website. Dr RB Nxumalo will promptly correct and/or remove such content as soon as they become aware of it.
1.11 Entire Agreement
The terms and conditions outlined here constitute the complete agreement between the User and Dr RB Nxumalo. These terms take precedence over any disclaimers or legal notices attached to communications or postings received by Dr RB Nxumalo from the User.
Dr RB Nxumalo's failure to exercise or enforce any rights or provisions will not be considered a waiver of such rights or provisions. No amendment to these terms and conditions will be binding unless made in writing and recorded by Dr RB Nxumalo. To the extent permitted by law, Dr RB Nxumalo will not be bound by any express or implied term, representation, warranty, or promise not recorded in these terms.
1.12 Applicable Law and Jurisdiction
Dr RB Nxumalo's Eyangakithimedicals website is hosted, controlled, and operated from the Republic of South Africa, and therefore South African law governs its use. The High Court of South Africa (with general jurisdiction over the KwaZulu-Natal province) will have jurisdiction over any legal proceedings arising from this agreement.
1.13 Legal Costs
Dr RB Nxumalo will not be liable for any legal costs or expenses incurred by the User in obtaining professional advice related to these terms and conditions.
1.14 Breach of Terms and Conditions
If the User breaches any of the terms and conditions, Dr RB Nxumalo reserves the right, without prejudice to their other rights, to claim damages from the User or to initiate criminal proceedings.
These Terms and Conditions were last updated June 2024
HPCSA Registration Number: MP0673277 Dr RB Nxumalo, Eyangakithi Medicals, Six Durban Club Place, Office 1002S.(Floor 10 Room 2), 303 Anton Lembede Street, Durban 4000
