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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.



 
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