Terms & Conditions

Terms and Conditions

1. General

1.1 These terms and conditions and all terms and conditions that have been referred to herein (“the Terms and Conditions”) regulate the relationship between KardioFit and users of the website at www.KardioFit.co.za (“Website”) and form part of the terms and conditions which apply to the Products and Services.

1.2 KardioFit provides spirometer, blood pressure and glucometer monitors (“Products”), a mobile application (“Mobile App”) that monitors oxygen saturation, blood pressure and blood glucose readings and emergency medical response notification services (“Services”) to users who register and activate the Services on this Website and download the KardioFit Mobile App on compatible mobile devices, through the Apple iStore and Android Play Store. It is the user’s duty to ensure that the user has a mobile device which is compatible with the Mobile App.

1.3 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

(a) may limit the risk or liability of KardioFit or a third party; and/or

(b) may create risk or liability for the user; and/or

(c) may compel the user to indemnify (make good) the losses suffered or incurred by KardioFit or a third party; and/or

(d) serves as an acknowledgement, by the user, of a fact.

1.4 The user’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

1.5 If there is any provision in this document that the user does not fully understand, the user should ask KardioFit to explain it before accepting it.

1.6 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the user or KardioFit in terms of the Consumer Protection Act, 2008.

1.7 By using the Website, the user acknowledges that his/her rights and obligations with respect to the Products, Services and Mobile App are governed by these Terms and Conditions and agrees to be bound by them. Should the user not accept these Terms and Conditions, the user will not be able to register as a user of the Services and will not be afforded access to or use of the Services.

2. Definitions

2.1 The following terms shall have the corresponding meanings assigned to them and cognate expressions bear corresponding meanings:

(a) “Content” means the entire contents of this Website; and

(b) “Intellectual Property” means any know-how (not in the public domain), invention (whether patented or not), design, trade mark (whether or not registered), or copyright material (whether or not registered), processes, process methodology (whether patented or not), and all other identical or similar intellectual property as may exist anywhere in the world which is not in the public domain and any applications for registration of such intellectual property.

2.2 Clause headings and the heading of these Terms and Conditions are for convenience only and are not to be used in its interpretation.

2.3 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 to any natural person who enters or intends entering into an electronic transaction with KardioFit on this Website.

3. Terms of Use

3.1 This Website is made available to the user by KardioFit conditional upon the user’s acceptance, without modification, of these Terms and Conditions. The user’s access to and use of this Website, the Products, Services, and Mobile App constitutes the user’s agreement to, and acceptance of, these Terms and Conditions. If the user does not agree with any provision contained in the Terms and Conditions, please do not use this Website, the Products, Services and Mobile App.

3.2 KardioFit reserves the right, in its sole and absolute discretion, to amend (including without limitation, by the addition of new terms and conditions)
these Terms and Conditions at any time and from time to time. Any such amendments shall come into effect immediately and automatically. The user undertakes to review these Terms and Conditions prior to use of the Website. Each use of the Website will constitute your acceptance of the Terms and Conditions posted on the Website at that time.

4. Services

4.1 The Services consist of the Products being used in conjunction with the Mobile App, which records oxygen saturation, blood pressure and blood glucose readings (“Data”) received from Products. In the event that the Data received from the Product indicates that the user’s oxygen saturation level, blood pressure and/or blood glucose reading has escalated or declined beyond a predetermined level, the Mobile App will send an emergency medical response notification to ER24. ER24 is an independent third party emergency response services provider. Please read and accept ER24’s terms and conditions. Acceptance of KardioFit Terms and Conditions constitutes acceptance of ER24’s Terms and Conditions. ER24 will provide the following services:

(a) 24 (twenty-four) hour access to the ER24 contact centre;

(b) ER24 will contact the user in the event that the user’s oxygen saturation, blood pressure and/or blood glucose readings escalate or decline beyond a pre determined level;

(c) Should the user’s condition require the user to be transported to the user’s treating physician and/or medical facility, ER24 will dispatch an ambulance to transfer the user to the closest appropriate physician and/or medical facility;

(d) ER24 will dispatch the appropriate level of care emergency response (the closest appropriate resource located by satellite tracking);

(e) ER24 will provide telephonic advice whilst an ambulance is on route to the user including the provision of cardiopulmonary resuscitation (CPR);

(f) ER24 will have registered nurses and trained case managers with ER24-employed doctors as back-up; and

(g) If an ambulance is not required, the user’s call will be routed to the ER24 medical assistance desk where trained primary healthcare sisters will
advise the user accordingly;

(h) If required, an inter-hospital transfer (“IHT”) will be managed and pre authorised by a dedicated IHT desk; and

(i) Dedicated flight desk with a doctor on duty 24 (twenty-four) hours a day 7 (seven) days a week to ensure appropriate dispatch and management of all
valid aero-medical transfers.

4.2 Due to the nature of the Service and the integral service component provided by ER24, your medical history and other necessary and relevant personal information (“Medical Details”) will be shared with ER24. The user consents to such Medical Details being shared with ER24 for the purposes of providing the user with the Services.

4.3 KardioFit or its representatives, may send you SMS and/or email communications from time to time. You agree to receive these messages and can opt-out at any time.

4.4 The Services are only available to individuals over the age of 18. We will not knowingly provide the services to anyone under the age of 18.

4.5 Products and Services are subject to change.

4.6 While KardioFit takes reasonable steps to ensure the accuracy of all Product and Service related information, errors and omissions may occur. The user must confirm the Products and Service specifications, availability and pricing before finalising the transaction.

4.7 Actual Products may vary from the picture provided on this Website.

5. Disclaimer

5.1 KardioFit does not manufacture the Products. KardioFit is a reseller of Products for iHealth and MiR. Please read and accept iHealth’s terms and conditions in respect of the Products. Acceptance of KardioFit Terms and Conditions constitutes acceptance of iHealth’s terms and conditions.

5.2 The Services provided by KardioFit involve the monitoring of blood pressure and blood glucose readings through the Mobile App. Should the users blood pressure and/or blood glucose readings escalate or decline beyond a pre-determined level, a notification will be sent to ER24 and ER24 will respond to the user. The user acknowledges and agrees that the emergency medical response services provided by ER24 are an independent and separate service to the KardioFit
Services. KardioFit will not be liable for the actions or omissions of ER24 howsoever arising or connected to these Terms and Conditions.

5.3 Although KardioFit will take reasonable measures to ensure that the Content and the Data collected on the Mobile App are correct and up to date, the user should not assume that this will invariably be the case.

5.4 The user’s use of this Website, the Products, Services and Mobile App and the reliance on any Content or Data is entirely at the user’s own risk. The
Website and the Content therein are provided on an ‘as is, where is’ basis. To the fullest extent permissible by law, KardioFit disclaims all warranties of any kind, whether expressed or implied with respect to the Website, the Products, Services and Mobile App.

5.5 Without limiting the foregoing, KardioFit does not warrant that the Website, the Products, Services and Mobile App:

(a) will be uninterrupted, timely, secure or free from errors or other program limitations; that any defects or errors will be corrected; or that the
Website, the Products, Services and Mobile App or the Content, Data or the server that makes them available is free of viruses or other harmful components;

(b) will meet the user’s requirements or be accessible and perform in accordance with your expectations; or

(c) will provide specific results from use of the Website, Mobile App and Services or that the Data that results or that may be obtained from the use of the Website, the Products, Services and Mobile App will be accurate or reliable.

6. User Account

6.1 In order to access the Services, the user must register a user account with KardioFit and provide KardioFit with all required information, including
but not limited to the user’s Medical Details. The user will remain responsible for updating account details and maintaining the confidentiality of the account. Should the user suspect or become aware of any unauthorised use of or access to the user’s account, it is the user’s duty to notify KardioFit immediately and take steps to prevent unauthorised use of or access to the user’s account including but not limited to changing the user’s password.

6.2 By creating the account, the user agrees to be responsible and liable for all activity and all Medical Details provided on the account as well as to keep passwords confidential.

6.3 The user account will retain a record of all transactions on this Website (including orders, subscriptions and payments) between the user and KardioFit.

6.4 KardioFit reserves the right to terminate a user’s account should the user breach these Terms and Conditions or the Mobile App License Terms.

6.5 The user will notify KardioFit immediately upon becoming aware of any problem that prevents the user from utilising the user account, the Website, the
Products and Services.

7. No Provision Of Medical Advice

7.1 The Content on this Website and the provision of the Products, Services, Data and Mobile App does not constitute “Health Services” as defined in the National Health Act, 2003, and should not be relied upon by the user in the absence of consultation with a medical practitioner.

7.2 The Content on this Website and the provision of the Products, Services, Data and Mobile App should not solely be relied on for medical treatment in the absence of a medical practitioner, and should not be considered complete nor should it be used as a substitute for consulting with a medical practitioner. Do not use the Content on this Website and the provision of the Products, Services, Data and Mobile App in isolation. Should the user have any concerns, please consult with a medical practitioner.

8. Intellectual Property Rights

8.1 All Intellectual Property rights, title and interest in the Content and Website, the Products, Services and Mobile App vest in KardioFit or its licensors and will never be transferred to the user. Any suggestions by the user which are subsequently incorporated into this Website remain vested in KardioFit.

8.2 KardioFit reserves all rights not expressly granted in these Terms and Conditions. The user agrees not to use any Intellectual Property, other than expressly permitted in these Terms and Conditions including, but not limited to, for any commercial purposes.

9. Links to Other Websites

This Website may contain links to other websites or services which are not operated by KardioFit. KardioFit does not take any responsibility for such other websites or services. A link to another website or service is not an endorsement of that website or service nor does KardioFit warrant such services. The user’s use of any of these websites or services is entirely at the user’s own risk.

10. Limitation of Liability

10.1 To the maximum extent permissible by law, in no event will KardioFit be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages, arising from, or connected to, the use of Content and Website, the Products, Services and Mobile App or any other linked website or service, including without limitation, loss of profits or revenues, costs, replacement, business interruptions, loss of data or damages resulting from use of or reliance thereof, even if the user is expressly advised about the possibility of such damages.

10.2 KardioFit is not liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Website, or any errors or omissions in the Content thereof. This limitation includes, but is not limited to damages, or  viruses that infect the user’s computer equipment, software or data.

10.3 To the maximum extent permissible by law and notwithstanding anything to the contrary contained in these Terms and Conditions, the maximum liability
of KardioFit, in the aggregate, for all claims arising from or connected to the Content on this Website, the provision of the Products, Services, Data and Mobile App, will not exceed the amount payable by the user to KardioFit in respect of the provision of the Services.

10.4 KardioFit will direct all claims arising from, or connected to, the emergency medical response services and the Products to ER24, MiR and iHealth respectively.

10.5 KardioFit cannot be held liable for the user’s mobile device being inoperative, switched off, having no network reception, data, airtime or any other factor beyond the reasonable control of KardioFit, which may hinder the Mobile App’s ability to communicate with ER24 or KardioFit. The user must ensure that their mobile devices operate in a manner that permits the use of the Products and Services as indicated on this Website.

11. Indemnity

The user hereby indemnifies and holds harmless KardioFit and its officers, directors, employees, servants, agents or contractors or other persons for whom
in law KardioFit may be liable (in whose favour this constitutes a stipulatio alteri) (stipulation for another) from any loss, damage, damages, costs, expenses, legal fees, liability, claim or demand due to or arising out of the user’s breach of these Terms and Conditions or the Mobile App License Terms.

12. FORCE MAJEURE

KardioFit shall not be liable for any failure to fulfil its obligations under the Agreement if and to the extent that such failure is caused by any circumstances beyond its reasonable control, including but not limited to natural disasters, labour unrest, government restrictions, network, internet and related technology failures and acts of God.

13. Privacy Policy

13.1 What Medical Details are processed?

(a) Medical Details processed on this Website include the user’s name, surname and South African identity number, continuing medical history, credit card details, medical aid details and other necessary personal information to enable KardioFit to personalise and improve the Services provided to the user.

(b) KardioFit also processes the personal information of the user’s emergency contacts and will update contacts as and when necessary, on the user’s
instruction.

(c) All Data received from the Products will be processed to enable KardioFit to provide the Services to the user.

(d) Medical Details which KardioFit lawfully receive from other sources, including but not limited to external medical records, will be processed and included as part of the user’s Medical Details so that KardioFit can provide an informed Service.

(e) KardioFit may process certain personal information and Data for statistical and research publications. KardioFit will ensure that any information that results from such processing, and that is published, does not identify the user.

13.2 How does KardioFit use Medical Details?

(a) Medical Details are used to contact the user, respond to queries, and deliver the Service.

(b) Medical Details are used to notify the user of promotions where the user has provided KardioFit with permission to do so.

(c) Medical Details will be shared with ER24 for the purposes of providing emergency medical response services.

13.3 How are Medical Details stored?

(a) KardioFit has taken reasonable precautions to protect user’s Medical Details. When a user submits Medical Details via the Website and/or the Mobile App, such Medical Details are protected both on-and-off-line and resides within access controlled and secure infrastructure.

(b) As Medical Details transmitted over the internet cannot be guaranteed to be fully secure, and, whilst KardioFit will take reasonable steps to protect your Medical Details, KardioFit cannot warrant the integrity and security of any Medical Details, and use of this Website and the Mobile App are at the user’s own risk.

(c) KardioFit will only keep Medical Details for as long as it is required for internal business purposes and to satisfy accounting and legal requirements.

(d) On termination of this agreement, you may choose to have your data removed from the KardioFit systems by notifying KardioFit in writing. If you choose to have your data removed, your historical information will be stored for the legally prescribed period (de-identified to the extent possible) before being deleted.

(e) You agree that KardioFit may use your anonymised data for further analysis including, but not limited to, publication in academic journals.

13.4 Sharing of Medical Details

(a) KardioFit will take reasonable steps to protect Medical Details and will not share it with any third party without the user’s prior consent, unless otherwise required by law.

(b) Due to the integral nature of the emergency medical response service provided by ER24, Medical Details will be shared with ER24 and by agreeing to use the Services and the Mobile App, the user agrees to KardioFit making the user’s Medical Details available to ER24.

(c) The user agrees that ER24 may contact their next of Kin as declared by the user and in the case of abnormal recordings obtained, may disclose the user’s medical details as is necessary, to them.

(d) In emergency situations, and only in terms of the National Health Act, 2003, KardioFit may share Medical Details with a healthcare provider or healthcare establishment where the disclosure would serve the users medical wellbeing.

14. Miscellaneous

14.1 Survival

All disclaimers, limitation of liability and indemnity provisions in these Terms and Conditions will survive indefinitely after the expiration or termination of these Terms. Further, the expiration or termination of these Terms shall not affect such expiration of the provisions of these Terms which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

14.2 Severability

Any provision in these Terms and Conditions which is, or may become illegal, invalid or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

14.3 Entire Terms

These Terms and Conditions constitute the whole agreement between the user and KardioFit relating to the user’s access to and use of the Website and the Content.

14.4 Termination

If the user breaches any of these Terms and Conditions, KardioFit may immediately, terminate the user’s use of and access to the Website, Services and Mobile App and/or prohibit future use of, and access thereto, and/or take appropriate legal action against the user (including without limitation, applying for
urgent and/or interim relief or claiming damages), without incurring any liability to the user of any nature whatsoever and howsoever arising, and all of KardioFit’ s rights in this regard are expressly reserved.

14.5 Waiver

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which KardioFit may show, grant or
allow the user shall operate as an estoppel against KardioFit in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by KardioFit of any of KardioFit’ s rights and KardioFit shall not thereby be prejudiced or stopped from exercising any of its rights against the user which may have arisen in the past or which might arise in the future.

14.6 Governing Law

These Terms and Conditions will be governed by, construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of, or in connection with, these Terms and Conditions, KardioFit and the user both submit to the jurisdiction of the South African High Courts or such replacement court.

Termination

(a) Should the user cancel this Agreement within 7 (seven) days from the date of delivery of the Product to the user, the user must return the Product to KardioFit within 10 (ten) business days from the date of such delivery. The user must return the Product, together with its original packaging, in a resalable condition. The Product must not have been damaged or altered in anyway.

(b) Should the user cancel this Agreement at any time after the 7th (seventh) day, but within the 24 (twenty-four) month period, the user must provide KardioFit with 20 (twenty) business days’ notice of such cancellation.

(c) The contract is a 24 (twenty-four) month contract facilitated by an upfront payment. The user will remain liable and agrees to pay to KardioFit any amounts that arise in terms of the Agreement up to the date on which cancellation takes effect. In the event of a termination of this contract by the user prior to the expiry of the contract period, the user agrees that KardioFit is entitled to charge a reasonable early cancellation fee, as determined by KardioFit, and the user agrees to pay this amount, which shall be deducted from the upfront payment made by the user to KardioFit.

TERMS AND CONDITIONS

  1. General
    1. All terms and conditions that have been referred to herein (“the Terms and Conditions”) regulate the relationship between KardioFit and the users of the KardioFit Mobile Application (“Mobile APP”) and apply to the Products and Services provided by KardioFit.
    2. KardioFit provides blood pressure monitors, glucometers and spirometers (“Products”), to its users, measuring blood pressure, glucose and lung function, respectively. These Products shall be purchased by the users from KardioFit.
    3. KardioFit makes available for use to its subscribers the KardioFit Mobile App, at a monthly subscription fee. The Mobile App receives and records the blood pressure, glucose and lung function readings from each of the Products, displaying the outcome of each reading to the user, indicating whether the recorded outcome either normal, high or low. The Mobile App is linked to emergency medical response notification services, in the event that a reading or outcome is either dangerously high or low. The KardioFit Mobile App incorporates an anti-inflammatory lifestyle programme provided by KardioLife (Pty) Ltd which provides guidelines to improve the diet, exercise and mental wellbeing in patients (collectively hereinafter referred to as “Services”). These Services shall be available to users who download the KardioFit Mobile App on compatible mobile devices, through the Apple iStore and Android Play Store, register and activate the Services on this Mobile App. It is the user’s duty to ensure that the user has a mobile device which is compatible with the Mobile App.
    4. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of KardioFit or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify (make good) the losses suffered or incurred by KardioFit or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    5. The user’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    6. If there is any provision in this document that the user does not fully understand, the user should ask KardioFit to explain it before accepting it.
    7. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the user or KardioFit in terms of the Consumer Protection Act, 2008.
    8. By using the Mobile App, the user acknowledges that his/her rights and obligations with respect to the Products, Services and Mobile App are governed by these Terms and Conditions and agrees to be bound by them. Should the user not accept these Terms and Conditions, the user will not be able to register as a user of the Services and will not be afforded access to or use of the Services.

2.1 The following terms shall have the corresponding meanings assigned to them and cognate expressions bear corresponding meanings:

      1. “Content” means the entire contents of this Mobile App; and
      2. “Intellectual Property” means any know-how (not in the public domain), invention (whether patented or not), design, trade mark (whether or not registered), or copyright material (whether or not registered), processes, process methodology (whether patented or not), and all other identical or similar intellectual property as may exist anywhere in the world which is not in the public domain and any applications for registration of such intellectual property.
    2. Clause headings and the heading of these Terms and Conditions are for convenience only and are not to be used in its interpretation.
    3. 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 to any natural person who enters or intends entering into an electronic transaction with KardioFit on this Mobile App.

3. Terms of Use

      1. This Mobile App is made available to the user by KardioFit conditional upon the user’s acceptance, without modification, of these Terms and Conditions. The user’s access to and use of this Mobile App, the Products, Services, and Mobile App constitutes the user’s agreement to and acceptance of these Terms and Conditions. If the user does not agree with any provision contained in the Terms and Conditions, please do not use this Mobile App, the Products and Services. The subscription is registered to the registered user and is not transferrable to any third party. The subscriber hereby confirms and acknowledges that he/she shall not permit third parties to make use of the registered users Products in conjunction with the Mobile App.
      2. KardioFit reserves the right, in its sole and absolute discretion, to amend (including without limitation, by the addition of new terms and conditions) these Terms and Conditions at any time and from time to time. Any such amendments shall come into effect immediately and automatically. The user undertakes to review these Terms and Conditions prior to use of the Mobile App. Each use of the Mobile App will constitute your acceptance of the Terms and Conditions posted on the Mobile App at that time.

4. Services

    1. The Services consist of the Products being used in conjunction with the Mobile App, which records blood pressure, blood glucose readings and lung function (“Data”) received from Products. In the event that the Data received from the Product indicates that the user’s blood pressure and/or blood glucose reading has escalated beyond a predetermined level, or that the user’s lung function is at a dangerous level, the Mobile App will send an emergency medical response notification to ER24. ER24 is an independent third-party emergency response services provider. Please read and accept ER24’s terms and conditions. Acceptance of KardioFit terms and conditions constitutes acceptance of ER24’s terms and conditions. ER24 will provide the following services:
      1. 24 (twenty-four) hour access to the ER24 contact centre;
      2. ER24 will contact the user in the event that the user’s blood pressure and/or blood glucose and/or lung function readings escalate beyond a pre-determined level;
      3. Should the user’s condition require the user to be transported to the user’s treating physician and/or medical facility, ER24 will dispatch an ambulance to transfer the user to the closest appropriate physician and/or medical facility;
      4. ER24 will dispatch the appropriate level of emergency care response (the closest appropriate resource located by satellite tracking);
      5. ER24 will provide telephonic advice whilst an ambulance is on route to the user including the provision of cardiopulmonary resuscitation (CPR);
      6. ER24 will have registered nurses and trained case managers with ER24-employed doctors as back-up; and
      7. If an ambulance is not required, the user’s call will be routed to the ER24 medical assistance desk where trained primary healthcare sisters will advise the user accordingly;
      8. If required, an inter-hospital transfer (“IHT”) will be managed and pre-authorised by a dedicated IHT desk; and
      9. Dedicated flight desk with a doctor on duty 24 (twenty-four) hours a day 7 (seven) days a week to ensure appropriate dispatch and management of all valid aero-medical transfers.
    2. KardioFit provides an additional service provided by KardioLife, in the form of an anti-inflammatory lifestyle programme, wherein the patient is provided with a guideline that will assist the patient with improving his/her health by improving the patient’s diet, exercise regime and mental health by making available to the patient, certified diet programmes, exercise programmes and breathing techniques customised to the patient’s existing morbidity or co-morbidities as may be indicated by the patient on registration for the Services.
    3. Due to the nature of the Service and the integral service component provided by ER24, your medical history and other necessary and relevant personal information (“Medical Details”) will be shared with ER24. The user consents to such Medical Details being shared with ER24 for the purposes of providing the user with the Services.
    4. KardioFit or its representatives, may send you SMS and/or email communications from time to time. You agree to receive these messages and can opt-out at any time.
    5. The Services are only available to individuals over the age of 18. We will not knowingly provide the services to anyone under the age of 18.
    6. Products and Services are subject to change.
    7. While KardioFit takes reasonable steps to ensure the accuracy of all Product and Service related information, errors and omissions may occur. The user must confirm the Products and Service specifications, availability and pricing before finalising the transaction.
    8. Actual Products may vary from the picture provided on this Mobile App.
    9. The user is made aware that the Services provided by KardioFit is a paid for Service. The user may elect to utilise and subscribe for all the listed Services or utilise any of the individual Services provided by KardioFit.

5.  Disclaimer

      1. KardioFit does not manufacture the Products. KardioFit is a reseller of Products for iHealth and MIR. Please read and accept iHealth’s and MIR’s terms and conditions in respect of the Products. Acceptance of KardioFit terms and conditions constitutes acceptance of iHealth’s and MIR’s terms and conditions.
      2. The Services provided by KardioFit involve the monitoring of blood pressure, blood glucose and lung function readings through the Mobile App. Should the user’s blood pressure and/or blood glucose and/or lung function readings escalate beyond a pre-determined level or trend, a notification will be sent to ER24 and ER24 will respond to the user. The user acknowledges and agrees that the emergency medical response services provided by ER24 are an independent and separate service to the KardioFit Services. KardioFit will not be liable for the actions or omissions of ER24 howsoever arising or connected to these Terms and Conditions.
      3. Although KardioFit will take reasonable measures to ensure that the Content and the Data collected on the Mobile App are correct and up to date, the user should not assume that this will invariably be the case.
      4. The user’s use of this Mobile App, the Products, Services and Mobile App and the reliance on any Content or Data is entirely at the user’s own risk. The Mobile App and the Content therein are provided on an ‘as is, where is’ basis. To the fullest extent permissible by law. KardioFit disclaims all warranties of any kind, whether express or implied with respect to the Mobile App, the Products, Services and Mobile App.
      5. Without limiting the foregoing, KardioFit does not warrant that the Mobile App, the Products and Services:
        1. will be uninterrupted, timely, secure or free from errors or other programme, limitations; that any defects or errors will be corrected; or that the Mobile App, the Products, Services or the Content, Data or the server that makes them available is free of viruses or other harmful components;
        2. will meet the user’s requirements or be accessible and perform in accordance with your expectations; or
        3. will provide specific results from use of the Mobile App and Services or that the Data that results or that may be obtained from the use of the Products, Services and Mobile App will be accurate or reliable.
      6. User Account
        1. In order to access the Services, the user must register a user account with KardioFit and provide KardioFit with all required information, including but not limited to the user’s Medical Details. The user will remain responsible for updating account details and maintaining the confidentiality of the account. Should the user suspect or become aware of any unauthorised use of or access to the user’s account, it is the user’s duty to notify KardioFit immediately and take steps to prevent unauthorised use of or access to the user’s account including but not limited to changing the user’s password.
        2. By creating the account, the user agrees to be responsible and liable for all activity and all Medical Details provided on the account as well as to keep passwords confidential.
        3. The user’s account will retain a record of all transactions on this Mobile App (including orders, subscriptions and payments) between the user and KardioFit.
        4. KardioFit reserves the right to terminate a user’s account should the user breach these Terms and Conditions or the Mobile App License Terms.
        5. The user will notify KardioFit immediately upon becoming aware of any problem that prevents the user from utilising the user account, the Mobile App, the Products and Services.
      7. No Provision of Medical Advice
        1. The provision of the Products, Services, Data and Mobile App does not constitute “Health Services” as defined in the National Health Act, 2003, and should not be relied upon by the user in the absence of consultation with a medical practitioner.
        2. The provision of the Products, Services, Data and Mobile App should not solely be relied on for medical treatment in the absence of a medical practitioner and should not be considered complete nor should it be used as a substitute for consulting with a medical practitioner. Do not use the Products, Services, Data and Mobile App in isolation. Should the user have any concerns, please consult with a medical practitioner.
      8. Intellectual Property Rights
        1. All Intellectual Property rights, title and interest in the Content and Mobile App, the Products, Services and Mobile App vest in KardioFit or its licensors and will never be transferred to the user. Any suggestions by the user which are subsequently incorporated into this Mobile App remain vested in KardioFit.
        2. KardioFit reserves all rights not expressly granted in these Terms and Conditions. The user agrees not to use any Intellectual Property, other than expressly permitted in these Terms and Conditions, including but not limited to for any commercial purposes.
        3. The user shall not alter, disassemble, decompile, reverse-engineer, adapt, translate or modify the Software or any portion thereof, or otherwise attempt to discover the source of the Mobile App. No unauthorised Products supplied by third parties other than KardioFit should be used with the Mobile App.
      9. Links to Other Sites

This Mobile App may contain links to other sites or services which are not operated by KardioFit. KardioFit does not take any responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service nor does KardioFit warrant such services. The user’s use of any of these sites or services is entirely at the user’s own risk.

10. Limitation of Liability

    1. To the maximum extent permissible by law, in no event will KardioFit be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages, arising from or connected to the use of Content and Mobile App, the Products, Services or any other linked Mobile App or service, including without limitation, loss of profits or revenues, costs, replacement, business interruptions, loss of data or damages resulting from use of or reliance thereof, even if the user is expressly advised about the possibility of such damages.
    2. KardioFit is not liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Mobile App, or any errors or omissions in the Content thereof. This limitation includes but is not limited to damages to, or for any viruses that infect, the user’s mobile device, software or data.
    3. To the maximum extent permissible by law and notwithstanding anything to the contrary contained in these Terms and Conditions, the maximum liability of KardioFit, in the aggregate, for all claims arising from, or connected to, the provision of the Products, Services, Data and Mobile App, will not exceed the amount payable by the user to KardioFit in respect of the provision of the Services.
    4. KardioFit will direct all claims arising from, or connected to, the emergency medical response services and the Products to ER24 and iHealth or MIR respectively.
    5. KardioFit cannot be held liable for the user’s mobile device being inoperative, switched off, having no network reception, data, airtime or any other factor beyond the reasonable control of KardioFit, which may hinder the Mobile App’s ability to communicate with ER24 or KardioFit. The user must ensure that their mobile devices operate in a manner that permits the use of the Products and Services as indicated on this Mobile App.

 

11. Indemnity

The user hereby indemnifies and holds harmless KardioFit and its officers, directors, employees, servants, agents or contractors or other persons for whom in law KardioFit may be liable (in whose favour this constitutes a stipulatio alteri) (stipulation for another) from any loss, damage, damages, costs, expenses, legal fees, liability, claim or demand due to or arising out of the user’s breach of these Terms and Conditions or the Mobile App License Terms.

12. Force Majeure

KardioFit shall not be liable for any failure to fulfil its obligations under the Agreement if and to the extent that such failure is caused by any circumstances beyond its reasonable control, including but not limited to natural disasters, labour unrest, government restrictions, network, internet and related technology failures and acts of God.

13. Privacy Policy

    1. What Medical Details are processed?
      1. Medical Details processed on this Mobile App include your name, surname and South African identity number, continuing medical history, credit card details, medical aid details and other necessary personal information to enable KardioFit to personalise and improve the Services provided to the user.
      2. KardioFit also processes the personal information of the user’s emergency contacts and will update contacts as and when necessary, on the user’s instruction.
      3. All Data received from the Products will be processed to enable KardioFit to provide the Services to you.
      4. Medical Details which KardioFit lawfully receive from other sources, including but not limited to external medical records, will be processed and included as part of the user’s Medical Details so that KardioFit can provide an informed Service.
      5. KardioFit may process certain personal information and Data for statistical and research publications. KardioFit will take reasonable steps to ensure that any information that results from such processing, and that is published, does not identify the user.
    2. How does KardioFit use Medical Details?
      1. Medical Details are used to contact the user, respond to queries, and deliver the Service.
      2. Medical Details are used to notify the user of promotions where the user has provided KardioFit with permission to do so.
      3. Medical Details will be shared with ER24 for the purposes of providing emergency medical response services.
    3. How are Medical Details stored?
      1. KardioFit has taken reasonable precautions to protect user’s Medical Details. When a user submits Medical Details via the Mobile App, such Medical Details are protected both on-and-off-line and resides within access controlled and secure infrastructure.
      2. As Medical Details transmitted over the internet cannot be guaranteed to be fully secure, and, whilst KardioFit will take reasonable steps to protect your Medical Details, KardioFit cannot warrant the integrity and security of any Medical Details and use of this Mobile App are at the user’s own risk.
      3. KardioFit will only keep Medical Details for as long as it is required for internal business purposes and to satisfy accounting and legal requirements.
      4. On termination of this agreement, you may choose to have your data removed from the KardioFit systems by notifying KardioFit in writing. If you choose to have your data removed, your historical information will be stored for the legally prescribed period (de-identified to the extent possible) before being deleted.
      5. You agree that KardioFit may use your anonymised data for further analysis including but not limited to publication in academic journals.
    4. Sharing of Medical Details
      1. KardioFit will take reasonable steps to protect Medical Details and will not share them with any third party without the user’s prior consent, unless otherwise required by law.
      2. Due to the integral nature of the emergency medical response service provided by ER24, Medical Details will be shared with ER24 and by agreeing to use the Services and the Mobile App, the user agrees to KardioFit making the user’s Medical Details available to ER24.
      3. The user agrees that ER24 may contact their next of Kin as declared by the user and in the case of abnormal recordings obtained, may disclose the user’s medical details as is necessary, to them.
      4. In emergency situations, and only in terms of the National Health Act, 2003, KardioFit may share Medical Details with a healthcare provider or healthcare establishment where the disclosure would serve the user’s medical wellbeing.
      5. Reports generated with the Mobile App can be shared by the user and stored on the Mobile Device itself, such as on file storage. Once a Report is viewed or shared outside the Mobile App, it is not possible for KardioFit to control the confidentiality or integrity of such data. The user is advised to use his/her discretion when sharing the reports generated by the Mobile App. Should the user elect to share his report to a third party, he/she does so at his/her own risk and herby absolves the Company from any liability and or damage that may result therefrom.

14. Miscellaneous

      1. Survival

All disclaimers, limitation of liability and indemnity provisions in these Terms and Conditions will survive indefinitely after the expiration or termination of these Terms. Further, the expiration or termination of these Terms shall not affect such expiration of the provisions of these Terms which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

2. Severability

Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

3. Entire Terms

These Terms and Conditions constitute the whole agreement between the user and KardioFit relating to the user’s access to and use of the Mobile App and the Content.

4. Termination

If the user breaches any of these Terms and Conditions, KardioFit may immediately, terminate the user’s use of and access to the Mobile App, Services and Mobile App and/or prohibit future use of and access thereto and/or take appropriate legal action against the user (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to the user of any nature whatsoever and howsoever arising, and all of KardioFit’s rights in this regard are expressly reserved.

5. Waiver

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which KardioFit may show, grant or allow the user shall operate as an estoppel against KardioFit in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by KardioFit of any of KardioFit’ s rights and KardioFit shall not thereby be prejudiced or stopped from exercising any of its rights against the user which may have arisen in the past or which might arise in the future.

6. Governing Law

These Terms and Conditions will be governed by, construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with these Terms and Conditions, KardioFit and the user both submit to the jurisdiction of the South African High Courts or such replacement court.

7.  Termination

    1. Should the user cancel this Agreement within 7 (seven) days from the date of delivery of the Product to the user, the user must return the Product to KardioFit within 10 (ten) business days from the date of such delivery. The user must return the Product, together with its original packaging, in a resalable condition. The Product must not have been damaged or altered in anyway.
    2. Should the user cancel this Agreement at any time after the 7th (seventh) day, but within the 24 (twenty-four) month period, the user must provide KardioFit with 20 (twenty) business days’ notice of such cancellation.
    3. The contract is a 24(twenty-four) month contract facilitated by an upfront payment. The user will remain liable and agrees to pay to KardioFit any amounts that arise in terms of the Agreement up to the date on which cancellation takes effect. In the event of a termination of this contract by the user prior to the expiry of the contract period, the user agrees that KardioFit is entitled to charge a reasonable early cancellation fee, as determined by KardioFit, and the user agrees to pay this amount, which shall be deducted from the upfront payment made by the user to KardioFit.
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