1. Acceptance of terms
The following terms and conditions (“Term and Conditions”) govern all use by you as an End User (defined below) of the www.clinicalsolutions.co.za website, (the “Site”)
The Software is offered to you subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Clinical Solutions. By using any part of the Software you agree to all the Terms and Conditions contained herein. If you do not agree to these Terms and Conditions do not use or access the Software and you are advised to leave the Site, and cease accessing, browsing and otherwise using the Software. These Terms and Conditions may only be varied, modified or changed through a written agreement signed by you and an authorised director of Clinical Solutions or by Clinical Solutions as provided in 1.2 below.
Clinical Solutions reserves the right, at its sole discretion, to modify or replace any of the Terms or Conditions at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Software following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. If any change to these Terms and Conditions is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Software.
2. Description of Clinical Solutions
Clinical Solutions provides software that allows registered users who are Events Organisers and planners (“Events Organisers” or “you”) to; advertise events; sell Online tickets to events; manage events and collect payments with respect to the sale of tickets for events that have been registered on the Site, (the “Services”) including collecting Clinical Solutions Service Fees and Credit Card processing charges, from registered users who want to attend such events and the End User (“End User”). Events Organisers may visit the Site, setup their event, advertise their event, including pricing, location, ticket types and collect Fees online from End Users. Payments are all transacted through Payfast, PayPal or other third party payment service providers ( the “Payment Gateway”). These Terms and Conditions apply to you and your use of the Software as an Events Organiser.
2.1 Course Enrolement Process
To enrol for course through Clinical Solutions, please complete the automated booking process and submit your payment information to us in the prescribed manner. Our booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your booking request.
The availabilty of Hands-on Courses offered depends upon the space availability for a relevant course. We may limit courses to a specified number of persons.
The information submitted with your booking request will be processed as you have provided it to us. If you realise that an error has been made or that you need to change the information provided in the booking request, you should contact us immediately.
3. Use of the software
3.1 The Software
Clinical Solutions hereby grants you a non-exclusive, non-transferable right to access and use the Software for the purpose of taking on-line courses as well as enroling for Hands-on courses, in compliance with these Terms and Conditions. You will not, and will not allow anyone else to rent, lease, resell, distribute or use the Software for any commercial purposes; remove or alter any notices or labels on or in the Software or Site Content; or engage in any activity that interferes with or disrupts the Software.
If you download or use any Software in connection with the provision of any services, Clinical Solutions hereby grants you a personal, non-transferable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Software, and only in accordance with these Terms and Conditions and the written instructions/directions (if any) provided by Clinical Solutions in conjunction with the Software. For purposes of these Terms and Conditions, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by Clinical Solutions
You acknowledge that all Intellectual Property Rights in the Software and any modification belong and shall belong to Clinical Solutions, and you shall have no rights in or to the Software other than the right to use it in accordance with the terms of these Term and Conditions.
4. Your registration obligations
To be a registered user of the Software as a user you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Clinical Solutions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or Incomplete, Clinical Solutions has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Software (or any portion thereof).
5. Account, password and security
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, Including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Clinical Solutions of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Clinical Solutions cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
6.1 Site Content
You agree that all material, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Software or otherwise made available by Clinical Solutions in connection with the Software (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Clinical Solutions may own the Site Content or portions of the Site Content may be made available to Clinical Solutions through arrangements with third parties. Except as expressly authorized by Clinical Solutions in writing or in connection with your use of the intended functionality of the Software, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose.
7. Service modifications / suspensions
Clinical Solutions reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Software (or any part thereof) for any reason or no reason with or without notice. Clinical Solutions will not be responsible to you for a refund, in whole or part, of Service Fees for any reason. You agree that Clinical Solutions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Software.
Clinical Solutions, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Software, and remove and discard any and all of Your Content within the Software, at any time for any reason or no reason, including, without limitation, for lack of use, failure to pay on time any fees or other monies due to Clinical Solutions, or if Clinical Solutions believes that you have contravened or acted inconsistently with the letter or spirit of these Terms and Conditions. You agree that any termination of your right to use the Software may be effected without prior notice, and acknowledge and agree that Clinical Solutions may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Software. Further, you agree that Clinical Solutions shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Software. All provisions of these Terms and Conditions that by their nature should survive termination of your right to use the Software shall survive (Including, without limitation, all limitations on liability, releases, and indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
9. 3rd Party service providers
The Software may provide, or third parties may provide, links to other Internet websites or resources, (including but not limited to ticket printing suppliers). Because Clinical Solutions has no control over such websites and resources, you acknowledge and agree that Clinical Solutions is not responsible for the availability of these websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, software or other materials on or available from such websites or resources. You further acknowledge and agree that Clinical Solutions shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, Software or other materials available on or through any such website or resource.
10. Disclaimer of warrenties
THE SOFTWARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLINICAL SOLUTIONS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Clinical Solutions MAKES NO WARRANTY THAT: (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (IV) THE SOFTWARE THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. CLINICAL SOLUTIONS IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SOFTWARE, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-EVENTS ORGANISER, EVENTS ORGANISER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND CLINICAL SOLUTIONS WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) to (V) ABOVE. YOU ACKNOWLEDGE THAT Clinical Solutions HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING END USERS’, OTHER NON-EVENTS ORGANISERS’ AND EVENTS ORGANISERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING END USERS AND EVENTS ORGANISERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, CLINICAL SOLUTIONS IS NOT ASSOCIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY TICKET PRINTING SERVICE), AND CLINICAL SOLUTIONS HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Limitation of liablilty
The exclusions in clause 13 shall apply to the fullest extent permissible at law, but Clinical Solutions does not exclude liability for death or personal injury caused by the negligence of Clinical Solutions, its officers, employees, contractors or agents for fraud, breach of the obligations implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982, or any other liability which may not be excluded by law.
Notices to you may be made via either email or regular mail to the address in Clinical Solutions records. The Software may also provide notices of changes to these Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Software.
14.1 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Clinical Solutions and governs your use of the Software as an Events Organiser, superseding any prior agreements, proposals, discussions or communications between you and Clinical Solutions. You also may be subject to additional terms and conditions that may apply when you use other third party Content or third party software or the Software in a manner other than as governed by these Terms and Conditions.
14.2 Choice of Law
This license shall be governed by and construed in accordance with South African law and each party hereby submits to the non-exclusive jurisdiction of the English courts.
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
If any provision of these Term and Conditions are judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.