The Diet Quest Disclaimer • Diet Quest

Overview

This site is not intended nor suited to be a replacement or substitute for professional medical advice, diagnosis or treatment relative to a specific medical question or condition. As such, all information material, including but not limited to text, graphics, images and other material contained on this site is for reference, informational and educational purposes only. The content provided or information retrieved via our links to other sites is not intended to be a substitute for medical examination.

Internet users are encouraged to be careful when using medical information. If you are unsure about your medical condition, consult a physician.

Caution

All reasonable and foreseeable steps and/or precautions have been taken to ensure the accuracy and safety of the content of this site;

(i) reliance hereon and hereof is solely and entirely at your own risk and you assume full responsibility and risk of loss resulting from the use hereof; and/or

(ii) the use of the products or services advertised on this site are used at your own risk and you accept full responsibility and risk of any injury, damage or loss resulting from the use thereof.

Subject to (and if and to the extent applicable to) the Consumer Protection Act, 2011, as amended, and to the fullest extent permissible by law, neither DietQuest nor its employees will be liable for any personal and/or physical damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this site or the information contained herein.

As the information and/or content appearing on or transmitted through this site does not constitute advice, you, the user, are encouraged to consult with your medical practitioner before acting on any such information or content.

DietQuest does not make any representation that information, materials, products and/or services made available through or on the site are appropriate or available for use in other countries, and accessing the site from countries where its contents are illegal is strictly prohibited. If you choose to access the site from countries or locations other than the Republic of South Africa you do on your own initiative and are therefore responsible for compliance with your local laws.

Assent

By using this site, you signify your assent to and accept, without modification, these terms and conditions. Your access to and use of this site constitutes your agreement to and acceptance of these terms and conditions. If you do not agree to all of these terms and conditions of use, you are not permitted to use this site! Should you, however, proceed to access the site, with or without reading these terms and conditions, such action will be an indication of and construed as your acceptance of all of these terms and conditions, whether expressed and/or implied herein.

These terms and conditions apply when you visit the site for the first time and thereafter, subject to subsequent changes or amendments hereto, in which case, the latest version of these terms and conditions will apply each time you visit this site. As such, you are encouraged to familiarise yourself with the then prevailing or current terms and conditions each time when using this site as such terms and conditions may have changed from your last visit.

Amendment

DietQuest expressly reserves the right, in its sole and absolute discretion, to amend, from time to time, the terms and conditions of use of this site. For the avoidance of doubt, the latest version of the terms and conditions, from time to time, will apply at the time as and when you use this site.

A certificate signed by the administrator of this site is prima facie proof (meaning in the absence of proof to the contrary) of the date and content of the latest and any previous versions of these terms and conditions.

Services and/or products

Your use of any services or products offered on or through this site will be subject to the specific terms and conditions pertaining thereto, as well as these terms and conditions of use, where appropriate. To the extent there is any conflict between the two, the specific terms and conditions will prevail.

Other organisations’ information may be used from time to time on this site. As DietQuest has no control over this information it does not and cannot warrant or guarantee that such information is correct or suitable for anything. As such, DietQuest is not directly or indirectly responsible for any loss that may follow from you relying on such other organisation’s information.

Use of third party content

DietQuest may, from time to time, in addition to any link, host or provide third party content on the site for your convenience. DietQuest does not, and does not undertake to, review or control any third party websites that link to or from the site (nor is it under any obligation to do so),and is not and will not be responsible for the content of any third party site displayed or quoted on or linked to or from the site as it has no editorial control over such content.

It is your responsibility to evaluate third party content available on and through the site. DietQuest and its affiliates, are not liable for any loss, damage or harm caused by your reliance on third party content obtained on or through the site. Before making any decision or placing any reliance on third party content provided on or through the site, you should take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you publish any third party content obtained from the site.

Dealings with third parties

Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to this site is entirely at your own risk and are solely between you and such third party, including, without limitation, the acquisition, disposal, payment and delivery of any goods or services.

You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with those third parties.

Permission for linking to this site

Nobody may create any kind of link or reference to this site without first obtaining DietQuest’s written permission, which it may refuse or grant on certain conditions. Links that need permission include hyperlinks (automatic links in text), deep links (that bypass the site’s home page), frames, meta tags or any similar reference, electronic or otherwise.

Any request for linking to this site must be sent to the administrator. Whilst every effort will be made to answer as soon as possible, if you do not receive a response, in writing, within 5 (five) business days, it means that unless otherwise agreed to by DietQuest, that it has not agreed to your request.

It is likewise expressly prohibited for any person, business, entity or website to frame any page on this site, including the home page, in any way whatsoever, without the prior written approval of DietQuest.

Searching Technology

The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this site is not permitted without DietQuest’s prior written consent.

Transmission of Information

You acknowledge that information transmitted via the Internet, including without limitation, electronic mail, is susceptible to monitoring and interception. You are accordingly discouraged from transmitting to DietQuest any information that may be confidential, proprietary or sensitive. You will bear all risk of transmitting such information in this manner and under no circumstances will DietQuest or any of its associates be liable for any loss, harm or damage suffered by you as a result thereof. DietQuest will have the right to request independent verification of any information transmitted electronically and you authorise and consent to such verification should DietQuest deem it necessary. Any information or material sent to this site will be deemed not to be confidential, unless otherwise agreed in writing by you and DietQuest.

Security

You are expressly prohibited from gaining or attempting to gain unauthorised access to any page on or part of this site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this site. If you deliver or attempt to deliver any unauthorised, damaging or malicious code to this site or attempt to gain unauthorised access to any page or part of this site a complaint will be laid against you to be criminally charged and, and in the event DietQuest suffers any damage or loss, a civil damages claim will be proceeded with against you. Code of Conduct You may not use this site or any of the site’s material for or in conjunction with any illegal, unlawful or immoral purpose or as prohibited by these terms and conditions of use. You undertake to comply with all the laws, rules and regulations regarding online conduct in the Republic of South Africa and, to the extent you are accessing the site outside of the Republic of South Africa, you are to also comply with the laws, rules and regulations of your country. In the event that you link to any page on this site or are permitted to frame this site or any of the pages on this site or any part thereof, in any way whatsoever, you:

undertake to acknowledge DietQuest and the specific reference, if applicable, as your source; do so at your own risk; and you indemnify DietQuest against any loss, liability or damage that may arise as a result of the use of content, products and/or services from the site. You undertake to adhere to generally acceptable Internet and electronic mail etiquette. In this regard, without limitation to the examples listed below, you undertake not to:

engage in any abuse of electronic mail or spamming, including (without limitation) the posting or cross-posting of unsolicited articles 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 users of the site to join an organisation except where such activities are expressly authorised, in writing, by DietQuest and permitted in terms of the laws of the Republic of South Africa and, if you are accessing the site from another country, the laws also of your country;
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 products and/or services;
impersonate any other person or use a false or unauthorised name so as to create a false identity and/or electronic mail address or to misrepresent the origin or identity of any communication to the site and/or its owner;
modify, access or make available any data stored on a computer device which has been accessed through the site;
make available or upload files that contain software or any other material not owned or appropriately licensed to you;
use the products and/or services or the site to post or transmit, by means of listings, reviews, comments, suggestions, ideas, questions or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexually explicit or which carries child pornography, religious or racial slurs, racially, ethnically or otherwise objectionable in any way or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;
use the products and/or services 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 products and/or services in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others, including (without limitation) the transmission of pirated software;
use the products and/or services in any manner which could damage, impair, overburden or disable the products and/or services or interfere with any other party’s use or enjoyment of the products and/or services;
use the products and/or services to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
gather electronic mail addresses and/or names for commercial, political, charity or like purposes or use the products and/or 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 products and/or services or any other website or network, including (without limitation) through hacking, password mining or any other means;
use the products and/or services to engage in any illegal or unlawful activity;
use any robot, spider, other automatic device or technology, or manual process or similar data gathering and extraction tools to monitor or copy portions of the site for any non-personal or commercial use;
use any meta tags or other “hidden text” utilizing the DietQuest names or trademarks, without the prior written consent of DietQuest, as the case may be;
frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of DietQuest, without the prior written consent of DietQuest, as the case may be;
collect or use any listings, descriptions or price lists from the site for the benefit of a competing merchant that supplies products or services comparable to those advertised on the site; and
act in any way which may, could or does impose an unreasonable or unusually large load of traffic on the site, or otherwise interferes with its proper and timely functioning.

Should you engage in any one or more of the above practices, DietQuest will be entitled, without prejudice to any other rights it may have, to:

without notice, suspend or terminate your access to the products and/or services, as well as, the site;
charge, invoice and reclaim from you all reasonable costs it has incurred pursuant to or arising from your aforementioned activities, including (without limitation) bandwidth, administration costs, downtime, usage of name or registered domain name; and/or
notwithstanding the Privacy Policy below, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Software and Equipment

It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and access accounts required to safely and securely access the Internet and the site, as well as, to safely download content from the site.

Monitoring of communications

You hereby, subject to the provisions of the Regulation of Interception of Communications Act, 2002 (Act No. 70 of 2002), as amended, consent and permit DietQuest to intercept, block, filter, read, delete, disclose and use all and/or any communications you send, transmit to or post on or through the site, as well as any electronic mail accounts or locations associated with DietQuest. It being specifically understood that your aforementioned consent satisfies the “writing” requirement prescribed in both of the Regulation of Interception of Communications Act, 2002 (Act No. 70 of 2002), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

Intellectual Property Rights & License

Copyright and other rights in respect of all intellectual and/or other property displayed or appearing on or incorporated in this site or the visual appearance thereof, including but not limited to, information, data, documents, texts, illustrations, drawings, images, photographs, visuals, video or audio sequences, animated sequences, graphics, logos and codes are the exclusive property of, belong to and are owned by DietQuest or, where so expressly stated, third parties.

Except as specifically provided for on this site or in writing by DietQuest, any reproduction, distribution, replication or retransmission of any information, data, document, text, illustration, drawing, image, photograph, visual, video or audio sequence, animated sequence, graphic, logo and/or code contained on this site without the prior written consent of DietQuest is strictly prohibited. To the extent written permission is granted by DietQuest to any reproduction, distribution, replication or retransmission as contemplated above, same will be for personal use and not for profit, material or financial gain. All reproductions must be accurate and not used in a misleading context. If any material is being republished the material or issuing it to others, must acknowledge its source, copyright status and date of publication.

Any permission to reproduce the copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holder concerned.

Placing references to this site on other websites without the prior written consent of DietQuest is strictly prohibited.

All rights not expressly granted are reserved. Notwithstanding that DietQuest grants to you, by means of these terms and conditions, a personal, revocable, non-exclusive, non-assignable and non-transferable license to use, print and display all content, information, software or files on any machine of which you are the primary user for non-commercial purposes, the intellectual property rights in all content, information, services and/or software vesting will continue to vest in DietQuest and no right, title or interest in any proprietary material or information contained on this site is granted to you. Nothing on this site is or constitutes a licence (permission) to use any trade mark for any other purpose without first obtaining written permission from DietQuest or any other party that has rights to the intellectual property.

You are prohibited from sublicensing, assigning or transferring this license to any person.

Any unauthorised copying and/or sublicensing, or attempt at copying and/or sublicensing, assignment or transfer of this agreement, shall result in the immediate termination of this agreement by and without notice from DietQuest.

You are responsible for all the use of the information, content or service accessed through your user account, which may be determined inter alia by cookies, passwords or authentication certificates.

You hereby ratify, guarantee and undertake to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.

You retain your copyright and/or your full right, title and interest in and to the content which you submit to the site which includes, without limitation, comments posted on the site, but such content, where applicable, is, must be and will be deemed to be licensed by you to DietQuest for use on the site under a Creative Commons Attribution 2.5 ZA License.

Electronic Communications

By using this site or communicating with DietQuest by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”. No term or provision contained in these terms and conditions is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, to any natural person who enters or intends entering into an electronic transaction on or through this site.

Disclaimers

Information, ideas and opinions expressed on this site are general in nature and must not be regarded as specific medical advice. You are solely responsible and strongly advised to seek other professional medical advice before acting on such information, particularly with respect to any specific scenario or set of circumstances.

To the fullest extent permissible by law and subject to the provisions of the Consumer Protection Act, 2011, as amended, DietQuest disclaims all warranties of any kind, whether express or implied, including, without limitation, fitness for a particular purpose, in respect of this site and any and all information hereon.

DietQuest does not warrant that:

the functions and/or information contained on this site will meet your requirements or operate in every combination selected by you for use, will be uninterrupted, timely, secure or error free, that any defects or errors will be corrected or that this site or the server that makes it available is free of viruses or other harmful components; and/or

this site or its information will provide specific results from use thereof or any content, search or link within them or that the results that may be obtained from the use of this site will be accurate or reliable.

To the fullest extent permissible under law, your use of this site and reliance on any information, services, products and/or materials available on or procured or accessed through this site is entirely at your own risk.

Although all reasonable steps are taken to verify information presented on the site, DietQuest does not represent or warrant that any advice, opinion, statement or other information contained in, displayed on, linked to or distributed through this site is applicable to or suitable for application to any specific scenario or set of circumstances. Any reliance upon any such opinion, advice, statement or information will be at your sole risk.

DietQuest will be entitled, at any time and from time to time, to correct any errors or omissions in any portion or part of this site, including,

without limitation, any information.

To the fullest extent permissible by law and subject to the provisions of the Consumer Protection Act, 2011

under no circumstances whatsoever, including as a result of any negligent acts or omissions or those of DietQuest’s servants, agents or contractors or other persons for whom in law it may be liable, will DietQuest or its servants, agents or contractors or other persons for whom in law DietQuest may be liable (in whose favour this constitutes a stipulation for the benefit of another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the site or any information, service and/or product hereon or hereof; and/or
no claims or legal action arising out of, or related to, the use of this site, any information, service and/or product hereon or hereof or these terms and conditions of use may be brought by you more than 3 (three) years after the cause of action relating to such claim or legal action arose.

Indemnity

You hereby undertake to indemnify and keep indemnified DietQuest and its associates and their respective our officers, directors, employees, servants, agents or contractors or other persons to whom, in law, they may be liable or become liable (in whose favour this constitutes a stipulation for the benefit of another) from and against any loss, damage, liability, claim or demand due to or arising out of your use of this site or your breach of these terms and conditions of use.

Disputes

In the event that any claim, matter or dispute arises between you and DietQuest arising out of or in connection with your use of or access to the site such claim, matter or dispute may, at DietQuest’s election, be resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the aforementioned Foundation.

A dispute will be deemed to have been referred or subjected to arbitration when either you or DietQuest gives written notice to the other of the dispute, demands an arbitration and requests consensus on an arbitrator.

The arbitrator will have the power to give default judgment if either you or DietQuest fails to make submissions on the due date therefore and/or fails to appear at the arbitration hearing.

The evidence in the arbitration proceedings and any order made by any arbitrator will and must be kept confidential unless otherwise contemplated in these terms and conditions of use.

Either you or DietQuest will be entitled to have an arbitration award made an order of court by a court of competent jurisdiction.

Notwithstanding the above, you or DietQuest will be entitled to institute action in any court of competent jurisdiction to obtain urgent interim relief or to collect any outstanding debts due and payable by either you or DietQuest. The arbitration provisions of these terms and conditions of use are severable from the rest of these terms and conditions of use and will remain in effect even if these terms and conditions of use are terminated for any reason whatsoever.

General Legal Issues

As this site is controlled, managed and maintained from the Republic of South Africa these terms and conditions of use will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

You irrevocably and unconditionally consent:

to the jurisdiction of the Magistrates Court even though the value of your claim may exceed the ordinary monetary jurisdiction of the Magistrates Court; and
and submit to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town.

DietQuest chooses the addresses stipulated in the Compliance section below for all communication purposes under these terms and conditions of use, whether in respect of court process, notices or other documents or communications of whatsoever nature. You chose the addresses given in your registration data, if applicable.

If you breach any of these terms and conditions of use, DietQuest will be entitled, but not obliged, to immediately, automatically and without notice to you, terminate your use of and access to the site, and/or prohibit your future access to and/or use of the site, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief and/or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising.

Upon termination of these terms and conditions of use, all rights which may have been granted to you pursuant hereto, will immediately and automatically revert to DietQuest.

These terms and conditions of use and this agreement will be deemed to have been concluded in Cape Town at the time you access the site for the first time.

Data messages addressed by you to DietQuest will be deemed to have been: – received if and when responded to; and – sent by you within the geographical boundaries of the Republic of South Africa.

You will be deemed to have received data messages addressed to you by DietQuest as prescribed in section 23(b) of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, namely when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee.

Notwithstanding any other provision of these terms and conditions of use, electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and DietQuest.

You warrant that all data messages that you send to DietQuest from a computer, Internet Protocol address or mobile device normally used by you, was sent and/or authorised by you personally.

These terms and conditions of use constitute, to the fullest extent permissible by law, prima facie proof (meaning in the absence of further evidence) the whole agreement between you and DietQuest relating to your access to and use of this site.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms and conditions of use which DietQuest may show, grant or allow you will operate as an estoppel (meaning to prevent or deny DietQuest from taking action) against DietQuest in respect of its rights under these terms and conditions of use nor will it constitute a waiver by DietQuest of any of its rights and DietQuest will not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.

Nothing in these terms and conditions of use will create any relationship of agency, partnership or joint venture between you and DietQuest and you cannot and hereby undertake not to hold yourself out as our agent or partner or as being in a joint venture with DietQuest.

To the extent that any provision of these terms and conditions of use is held to be illegal, invalid or unenforceable for any reason, such provision will be deemed to be pro non scripto (meaning as though it had not been written), but without affecting or invalidating any of the remaining provisions of these terms and conditions of use, which will continue to be of full force and effect.