Skip to main content

Terms and Conditions

1. Definitions

1.1 “User” means any person who accesses or uses the website of Cape Joint Surgery.
1.2 “Cape Joint Surgery’s Website” means the website displaying the official content as authorised by Cape Joint Surgery’s Practice.
1.3 “Cape Joint Surgery” refers to the registered medical doctors – Dr Nick Martin and Dr Deon Engela.
1.4 “The Practice” or “Cape Joint Surgery’s Practice” refers to the registered medical practice of Cape Joint Surgery.
1.5 “Website” and “Website Content” refers to all the text, images or auditory content that is experienced as part of the User experience on the following domain:

2. Permitted Use and License

2.1 By accessing Cape Joint Surgery’s Website, the User agrees to the terms and conditions listed herein and all applicable laws that are governed by the laws of South Africa.
2.2 The website content may not be used for any commercial or non-private use without the prior written consent of Cape Joint Surgery’s Practice.
2.3 Users may only access and use the website for lawful purposes.
2.4 Cape Joint Surgery’s Website permits the User to view and print the content of the website, provided that such content is only used for educational, personal or non-commercial purposes.
2.6 Users are not allowed to reproduce, adapt, post, upload, copy, reuse, publish, retransmit, modify, frame, broadcast or distribute any of the website content in any way without the prior written consent of Cape Joint Surgery’s Practice.

3. Intellectual Property, Domain and Website Content

3.1 All Website content remains the sole property of the relevant content owner and is protected under all relevant copyright, patent, trademark and other applicable laws.
3.2 All intellectual property on the website, including but not limited to domain names, trademarks, text, patents, software, graphics, design elements, icons and hyperlinks are the property of Cape Joint Surgery and are protected from infringement by domestic and international legislation.
3.3 Nothing on the website should be construed as granting any licence or right to distribute content without the express written consent of Cape Joint Surgery or Cape Joint Surgery’s Practice.

4. Waiver

4.1 While Cape Joint Surgery and Cape Joint Surgery’s Practice will make reasonable endeavours to ensure that the content on the website is correct and reliable, inaccuracies might occur. The User should therefore be aware of and acknowledge that:
4.1.1 use of the website is at the User’s own risk;
4.1.2 the website is provided to the User “voetstoots” or “as is”.
4.1.3. the User is also prohibited from accessing any unauthorized pages on the website, modifying or uploading any unauthorized content, creating additional hyperlinks, defacing, deleting, altering or amending content on Cape Joint Surgery’s Website.

5. Severability of Terms and Conditions

Should a section of these Terms and Conditions be determined by any court or other competent authority to be unlawful or unenforceable, the other sections of these Terms and Conditions will continue in effect. If any unlawful or unenforceable section would be lawful or enforceable if a part of it was deleted, then that part will be deleted, and the rest of the section will continue in effect, in line with the permissible laws of South Africa.

6. Website Hyperlinks

6.1 The Website might provide hyperlinks to other websites from time to time that is not controlled by Cape Joint Surgery’s Practice. Any such links do not imply the endorsement, agreement or support of the content of such other sites by Cape Joint Surgery.
6.2 Downloading material from these sites might risk infringing intellectual property.
6.3 It is the responsibility of the User to ensure the authenticity of any website which might be hyperlinked to Cape Joint Surgery’s Website prior to making use of such hyperlinks.
6.4 The Practice is not responsible for ensuring that hyperlinks are in working order.

7. Website Security

7.1 Although Cape Joint Surgery acknowledges that a 100% secure online environment is unattainable, The Practice is committed to taking reasonable security measures to safeguard the content of its website.
7.2 The User’s privacy is very important to Cape Joint Surgery and The Practice. Any information provided to Cape Joint Surgery is therefore stored in a secure location.
7.3 Cape Joint Surgery can disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
7.4 Cape Joint Surgery does not sell or rent personal information about individuals such as names, addresses, email addresses, telephone numbers or fax numbers to any third parties.
7.5 Cape Joint Surgery will collate the information which Users give to The Practice to provide the Users with his services.
7.6 Cape Joint Surgery may also use such information to inform Users about changes in the services that Cape Joint Surgery offers or about features that may be of interest to Users. By providing Cape Joint Surgery with this information, Users consent to Cape Joint Surgery’s use of such information for these purposes and for the purposes outlined in Cape Joint Surgery’s Privacy Policy, including processing User requests.
7.6 Please refer to the Privacy Policy for any further information regarding The Practice’s treatment of a User’s personal information.

8. Disclaimer and Limitation of Liability

8.1 The information contained on Cape Joint Surgery’s Website is for information purposes only and is not intended as professional advice due to the fact that circumstances will vary from person to person.
8.2 The Practice is not liable for the actions of Users of Cape Joint Surgery’s Website.
8.3 The Practice is not liable to Users for any information posted on Cape Joint Surgery’s Website.
8.4 By using Cape Joint Surgery’s Website, a User defends, indemnifies and holds harmless its lawful employees, agents and representatives from all damages, losses and expenses, including legal expenses arising from the following any claims for the infringement of intellectual property rights, defamation to any material the User may send to Cape Joint Surgery’s Website; any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person might suffer as a result of or in consequence of the use of or reliance of any information or material provided for on Cape Joint Surgery’s Website; the User’s breach of any provisions of these terms and conditions of Cape Joint Surgery’s Website; The Practice, its agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person might suffer as a result of entering into any transaction with any third party, including Cape Joint Surgery, its lawful agents, employees and representatives as a result of or in consequence of the reliance on any information contained on Cape Joint Surgery’s Website or any related site.

In no event shall The Practice and its lawful agents and representatives referred to in this website be liable for any damages of whatsoever nature, whether for bodily, moral or material injury, including, without limiting, indirect, punitive, incidental and consequential damages, costs, loss of profits, expenses, damage resulting from lost data or business interruption resulting from the use or inability to use Cape Joint Surgery’s Website and the material contained herein, whether based on warranty, contractual or extra-contractual liability, any other legal matters, and whether or not The Practice, its lawful agents, employees and representatives are advised of the possibility of such damages.

9. Deletion or Correction of Content

Website Users should report any inaccurate, illegal or harmful content appearing on Cape Joint Surgery’s Website, in which case Cape Joint Surgery will undertake to correct or remove any such content as soon as The Practice becomes aware of it.

10. Whole Agreement

10.1. The Terms and Conditions set out herein constitute the whole agreement between the User and The Practice and shall take precedence over any disclaimer or legal notices attached to any communications received by The Practice from the User.
10.2. Any failure by The Practice to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
10.3. To the extent permissible by the law of South Africa, The Practice shall not be bound by any express or implied representation, term, warranty, promise or the likes not recorded herein.
10.4 No amendment of these Terms and Conditions or any provision or term hereof or of any other conditions contained on this website will be binding unless made by and recorded in writing by The Practice.

11. Applicable Law

Cape Joint Surgery’s Website is hosted, controlled and operated from within the Republic of South Africa and is thus governed by South African law.

12. Legal Jurisdiction

The High Court of South Africa will have full jurisdiction with regard to any legal proceedings arising in terms of this Agreement.

13. Legal Costs

The Practice will not be liable for any legal costs and expenses incurred by the User to obtain professional advice relating to these Terms and Conditions.

14. Breaches

Should the User breach any Terms and Conditions of this website, The Practice will be entitled to its rights in the Terms and Conditions or in law to claim damages from the User or to commence with criminal proceedings.

Open chat
Hello 👋

Can we help you?