1. Definitions
"Website" means www.concusion.co.za and all associated content, services, and platforms.
"Owner" means the legal entity operating the Website.
"User" means any person accessing or using the Website.
"Practitioner" means any healthcare professional listed, referenced, or linked through the Website.
"Fee" means the amount paid by the User to access or use the Website's services.
2. Acceptance of Terms
By accessing or using the Website, you agree to these Terms of Use. If you do not agree, you must discontinue use immediately. Continued use constitutes acceptance of any amendments.
3. Purpose of Website
The Website provides general information on concussion management. It is intended for educational and informational purposes only and does not constitute medical advice, diagnosis, or treatment.
4. No Medical Advice
4.1 The Website content is not a substitute for consultation with a registered healthcare professional.
4.2 Practitioners referenced or listed are independent professionals. The Website does not endorse, warrant, or guarantee their services.
4.3 Users must seek professional medical advice before making health-related decisions.
5. Waiver of Liability
5.1 Users acknowledge and agree that:
- Use of the Website is at their own risk.
- The Owner, hosts, and practitioners shall not be liable for any direct, indirect, incidental, or consequential damages arising from reliance on Website content.
5.2 This waiver does not exclude liability where prohibited under South African law, including liability for gross negligence, fraud, or intentional misconduct.
5.3 The Website is provided "as is" without warranties of any kind, express or implied.
6. Loss of Income and Support
6.1 The Owner, hosts, and practitioners shall not be liable for any claims relating to:
- Loss of income, earnings, or business opportunities;
- Loss of financial support or maintenance;
- Loss of employment or career advancement;
- Any consequential damages arising from reliance on Website content or practitioner services.
6.2 Users expressly waive any right to claim compensation for such losses, except where liability cannot legally be excluded under South African law.
7. Paid Service and Limitation of Liability
7.1 Access to and use of the Website is a paid service.
7.2 The total liability of the Website, its Owner, administrators, and hosts to any User, whether in contract, delict, or otherwise, shall not exceed the total fee paid by the User for access to the Website.
7.3 Users expressly acknowledge and accept that this limitation of liability is reasonable and forms part of the basis of the contractual relationship.
8. User Responsibilities
Users agree not to misuse the Website, including but not limited to hacking, spreading malware, or posting unlawful content. Users are responsible for ensuring that any personal information provided is accurate and lawful.
9. Intellectual Property
All content, branding, and materials on the Website are protected under South African copyright and intellectual property law. Users may not reproduce, distribute, or exploit content without prior written consent.
10. Privacy and Data Protection
Personal information is processed in accordance with the Protection of Personal Information Act (POPIA). Data may be collected for analytics, communication, and service improvement. Users have the right to request access, correction, or deletion of their personal data.
11. Indemnity
Users agree to indemnify and hold harmless the Owner, hosts, and practitioners against any claims, damages, or expenses arising from their use of the Website, including breach of these Terms.
12. Consumer Protection Act Compliance
In terms of the Consumer Protection Act (CPA), disclaimers and limitations of liability are drawn to the User's attention. Users expressly acknowledge that they understand and accept these limitations.
13. Electronic Communications and Transactions Act (ECTA)
In compliance with the Electronic Communications and Transactions Act (ECTA), the Website provides information services electronically. Users consent to receiving communications electronically.
14. Practitioner Disclaimer
Practitioners listed or referenced on the Website are independent contractors and not employees, agents, or representatives of the Website. The Website shall not be liable for any acts, omissions, or advice provided by practitioners.
15. No Liability to Practitioners
The Website, its Owner, administrators, and hosts shall not be liable to practitioners for:
- Loss of income, clientele, or business opportunities;
- Reputational damage or professional consequences;
- Any claims arising from User interactions, reviews, or reliance on practitioner services.
Practitioners acknowledge that their inclusion on the Website is voluntary and at their own risk.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be resolved exclusively in South African courts.
17. Amendments
The Website may update these Terms at any time. Continued use constitutes acceptance of the revised Terms.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms constitute the entire agreement between the User, the Practitioner, and the Website regarding use of the Website.