1. Definitions

Content	means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
Post	means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
Service	means all of the services offered for sale through Our Site by a Provider.
Provider	means a person who offers a Service for sale on Our Site.
Our Site	means and includes the E-Care website/ E-Care App/E-Care mobile application and software owned by E-Care
User	means any person who uses or visits Our Site for any purpose.
"you” “yours” etc	means you, the party to this agreement.

2. Our contract

1. E-Care is neither a buyer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.
2. E-Care is a marketplace. We are agents of a Provider only to the extent of use of Our Site as a platform for sale of his Service and for collection and forwarding of your money.
3. We welcome any comment or complaint about a Provider, which you make through Our Site. We may act upon a complaint in our discretion, for the benefit of the body of E-Care members.
4. We are not responsible for the supply of any Service you order or for the cancellation and refund procedure should you decide to cancel a Service for any reason.
5. We are not responsible to you further than to take your money and pass it to the Provider.
6. These terms and conditions regulate the business relationship between you and us. By using Our Site, you agree to be bound by them.
7. We provide a marketplace for the supply of Services. We are in no way responsible for:
   1. your locating and ordering a Service;
   2. your choice of a Service;
   3. any aspect of the provision of the Service;
   4. refund payment for any Service;
   5. any complaint about any Service.
8. In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Services.
9. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Site at the time that the contract was made.

3. Your account and personal information

1. When you visit Our Site, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4. The buying procedure

1. Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of his business.
2. Prices listed on Our Site by Providers are inclusive of any applicable sales tax.
3. Services may be offered for sale subject to any discount or promotion arranged between E-Care and the Provider.
4. Subject to discounts and promotions, Services are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately.
5. Services will be provided at the times and places specified in the website or otherwise in terms and conditions of each Provider.
6. Once you have made an order to purchase a Service through Our Site, the price cannot be increased with regard to your specific transaction
7. Neither we nor the Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
8. You are required to pay in the currency in which the Service is listed for sale on Our Site.
9. Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
10. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
11. To make future use of Our Site easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.

5. Security of your credit card

We take care to make Our Site safe for you to use.

1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

6. The E-Care guarantee

1. To give you the utmost confidence in the E-Care telehealth experience, we offer you an after service guarantee.
2. If the Provider fails within a reasonable time, to supply a Service for which you have paid, or supplies a Service which is substantially different from what you ordered, we ourselves will refund the cost to you.
3. This guarantee is subject to the following conditions:
   1. you must first follow the cancellation and refunds procedure set out on Our Site
   2. The maximum payment is R 500 for services that are substantially different from what you ordered and full refund if the provider fails to supply a service. We will make the payment to you between 7 and 60 days from the date we receive your claim
   3. the claim/ email to admin@E-Care.co.za/ or via the contact us option on the App must be completed truthfully and accurately;
   4. you must provide a street address to us in South Africa
   5. you are limited to a maximum of 5 claims in two years;
   6. you must not have requested a chargeback from your credit card company.
4. The guarantee set out in this paragraph is non contractual. We shall operate it at our sole discretion.

7. Cancellation and refunds: Service terms

This paragraph is not contractually part of this agreement. These are statement of your rights as a consumer as defined under the Electronic Communications and Transactions Act 2002 (“the Act”) and of the procedures with which all our Providers have been asked to comply. We have no responsibility if they fail to do so. We are not party to your contract with the Provider. Please refer any question about a Service to the Provider.

1. As required by the law, each Provider will give information about his Service on the Site in their profile. This includes their particular field of practice as a healthcare provider.
2. You may cancel your consultation and request a refund for any booking made, provided that the cancellation is made at least 24 hours before the scheduled appointment. Unfortunately, we cannot issue refunds for any cancellations made within 24 hours of the consultation. To cancel your consultation, please email admin@E-Care.co.za or click on the "Cancel and Request a Refund" button located next to your appointment in the app.
3. Free Services (if any) are not covered by the Act.
4. The Act does not remove other statutory rights you may have.

8. How we handle your Content

1. Our privacy policy is strong and precise. It complies fully with current privacy law and can be found on the E-Care app under “My E-Care”
2. If you Post Content to any public area of Our Site it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information. This pertains mainly to your reviews of the services by a healthcare provider as these reviews will be public.
4. We will use that licence only for commercial purposes of the business of Our Site and will stop using it after a commercially reasonable period of time.
5. You agree to waive your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.
6. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Site, even though it may be defamatory or critical.
7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10. Please notify us of any security breach or unauthorised use of your account.
11. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph [five / number] above.

9. Restrictions on what you may Post to Our Site

We invite you to Post Content to Our Site in several ways and for different purposes. We have to regulate your use of Our Site to protect our business and our staff, to protect other Users of Our Site and to comply with the law. These provisions apply to all Users of Our Site.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Site to Post Content or undertake any activity which is or may:

1. be unlawful, or tend to incite another person to commit a crime;
2. consist in commercial audio, video or music files;
3. be obscene, offensive, threatening, violent, malicious or defamatory;
4. be sexually explicit or pornographic;
5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
6. use a Posting to solicit responses unconnected with the purpose of Our Site or the terms proposed by this agreement;
7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
9. include anything other than words (i.e., you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
10. facilitate the provision of unauthorised copies of another person's copyright work;
11. link to any of the material specified in this paragraph;
12. use distribution lists that include people who have not given specific permission to be included in such distribution process;
13. send age-inappropriate communications or Content to anyone under the age of 18.

10. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain:

1. hyperlinks, other than those specifically authorised by us;
2. keywords or words repeated, which are irrelevant to the Content Posted.
3. the name, logo or trademark of any organisation other than yours.
4. inaccurate, false, or misleading information.

11. Removal of offensive Content

1. For the avoidance of doubt, this paragraph is addressed to any person who visits Our Site for any purpose.
2. We are under no obligation to monitor or record the activity of any User of Our Site for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
3. If you are offended by any Content, the following procedure applies:
4. Your claim or complaint must be submitted to us in the form available on Our Site, or contain the same information as that requested in our form. It must be sent to us by post or email.
   1. we shall remove the offending Content as soon as we are reasonably able;
   2. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
   3. we may re-instate the Content about which you have complained or we may not.
5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

12. Security of Our Site

If you violate Our Site, we shall take legal action against you. You now agree that you will not, and will not allow any other person to:

1. modify, copy, or cause damage or unintended effect to any portion of Our Site, or any software used within it.
2. link to Our Site in any way that would cause the appearance or presentation of Our Site to be different from what would be seen by a User who accessed Our Site by typing the URL into a standard browser;
3. download and editing any part of Our Site, without our express written consent;
4. collect or use any product listings, descriptions, or prices;
5. collect or use any information obtained from or about Our Site or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Site, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
7. share with a third party any login credentials to Our Site;
8. Despite the above terms, we now grant a licence to you to:
   1. create a hyperlink to Our Site for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
   2. you may not copy the text of any page for your personal use.

13. Copyright and other intellectual property rights

1. All Content on Our Site, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.
2. You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order, you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

14. Interruption to the E-Care service

1. We give no warranty that our service will be satisfactory to you.
2. We will do all we can to maintain access to Our Site, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reasons. We may do so without telling you first.
3. You acknowledge that our service may also be interrupted for reasons beyond our control.
4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to E-Care service.

15. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

1. your use of the E-Care service;
2. the breach or violation of this agreement by you;
3. the infringement by you of any intellectual property or other right of any person or entity;
4. your failure to comply with any law;
5. a contractual claim arising from your use of Our Site and purchase of Service.

16. Our disclaimers

1. Our Site may contain links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
2. We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Site.
3. The E-Care Site and our services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
   1. of satisfactory quality;
   2. fit for a particular purpose;
   3. available or accessible, without interruption, or without error.

17. Disclaimers about the Service

1. All of the Content on Our Site relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.
2. We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.
3. So far as concerns Services you purchase through Our Site, we are not liable for:
   1. any Service complying with the requirement of any law or being available;
   2. the Provider performing his contract;
4. We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you;
5. We and the Provider can take any action that may reasonably be required from time to time, to protect his interests and ours in connection with a beach or possible breach of any regulation or law.
6. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.

18. Miscellaneous matters

1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
2. If you are in breach of any term of this agreement, we may:
   1. terminate your account and refuse access to Our Site;
   2. remove or edit Content, or cancel any order at our discretion;
   3. issue a claim in any court.
3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
4. No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. When you visit Our Site or send messages to us by email or through the E-Care App, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Site or through the messaging services on our E-Care. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
5. Any communication to be served on either of the parties by the other shall be delivered by hand or recorded delivery or by e-mail or through the E-Care APP. It shall be deemed to have been delivered:
   1. if delivered by hand: on the day of delivery;
   2. if sent by post to the correct address: within 72 hours of posting
   3. f sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
8. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
9. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
10. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.

1. Definitions

Content	means the textual, visual or aural content that is encountered as part of your experience on Our Site. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.
Post	means place on or into Our Site any Content or material of any sort by any means.
Provider	means you, a person or organisation who has placed details on Our Site of a Provider Service offered for sale or free of charge, through Our Site.
"Provider Service" and "Your Service"	mean the service you offer for sale through Our Site.
Our Service	means any person who uses or visits Our Site for any purpose.
Site	means any website of ours, and includes all web pages controlled by us, as well as and including our E-Care mobile App, E-Care software.

2. Our contract

1. The relationship between us is solely that:
   1. in consideration of a fee charged by us, we provide for you an Internet marketplace (via our E-Care App) as an arm’s length contractor;
   2. we act as your agent solely in the collection of money paid by your customer;
   3. we are not your partners or joint venturers.
2. If you place a Provider Service for sale on Our Site, you do so subject to these terms.
3. When you place a Provider Service on Our Site, you will be bound to provide all the information required by the Electronic Communications and Transactions Act 2002.
4. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Site at the time that the contract was made. We will update you via email or via the E-Care App if we update our terms and conditions at any time. Once updated, you will be bound by our updated terms and conditions if you choose to continue using our Site.
5. Although we are not a party to your contract with a buyer introduced to you via Our Site, we shall remove Your Services from offer if a customer or Our Site visitor has a valid complaint against you.
6. Subject to this agreement and to the procedures set out in Our Site, you may enter a Provider Service for sale through Our Site.

3. Consumer protection: cancellation and exclusions

1. You authorise us to take any action that may reasonably be required from time to time, to protect your interests and ours in connection with a breach or possible breach of the Electronic Communications and Transactions Act 2002 (“the Act”).
2. Because we are not your agents except to market Your Service and take payment, all your obligations under the Act must be fulfilled by you. That means the information you provide to us by entry or upload into Our Site must be clear, sufficient and complete, to comply with the Act.
3. On Our Site, we will provide a route for a customer to allow a customer to deal directly with you. That will include options relating to the consultation and cancellation of his booking.
4. We will also provide regulatory information relating to commencement and cancellation. We expect you to comply with those terms. The terms on Our Site will be communicated only as information to the buyer and not as contract terms.
5. Because every reference to Provider Service of yours, made by you or by us, may be treated by a consumer as contractual, you agree:
   1. to make clear any contractual term in content you place on Our Site, which may be different from any term on Our Site.
   2. that no content on your website will contradict content you place on Our Site.

4. Your Provider Service placement

You agree:

1. not knowingly to place any Provider Service for sale which is not of merchantable quality via virtual consultation or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase or a service that cannot be carried out using telehealth as set out by the HPCSA guidelines on your profession.
2. immediately to remove from sale on Our Site any Provider Service which for any reason, you are unable to supply.
3. not to replace any Provider Service we remove from offer for sale.

5. Complaints about Provider Services

You agree that you will at all times:

1. reply promptly and in any event within 48 hours to any customer message or other correspondence;
2. comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation.
3. when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the cancellation and refunds policy set out on Our Site;
4. comply with the E-Care procedures relating to satisfaction of an order, as set out on Our Site from time to time;
5. Please provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.

6. The selling procedure

1. E-Care is not responsible for the fulfilment of your contract to sell a Provider Service.
2. You agree that a service contract offered by you is a firm and binding contract as soon as your customer's payment has been accepted by our payment service provider.
3. Provider Services may be offered for sale subject to any discount or promotion arranged between E-Care and you.
4. Subject to discounts and promotions, Provider Services are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
5. Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Provider. You may view the buyer's conditions on Our Site at any time.

7. Value added Tax

1. Fees and commissions specified in Our Site are exclusive of VAT.
2. If you are located in South Africa, and you provide a valid VAT number, we will not charge or deduct VAT from sums due to you.
3. E-Care has the right to demand additional information about your business so far as it may affect your VAT registration, at any time, from you or from a governmental authority.

8. Our commission and payment to you

1. We sell Your Service at the price you place on it, subject to these terms and the requirements we set out on Our Site from time to time.
2. Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
3. Our Site selling system is an automated system which can be followed by you through a "control panel".
4. The proportion of each sale receipt retained by us is as set out elsewhere on Our Site.
5. Where our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Provider Service in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.
6. We will pay you within 15 days of confirmed completion of your consultation.
7. If you have a bank account located in South Africa, we will transfer money via the internet, in full.
8. If you do not have an account in South Africa, we will transfer money in any sum at your request and at your cost. We will pay for the transfer if the sum due is over the limit specified from time to time on Our Site.
9. If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
10. If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
11. If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
12. If in our discretion we believe that your performance as a Provider results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

9. Advertising your Provider Service

If you accept our offer to advertise, market or promote Your Service, the following conditions apply.

1. We may use the services of a specialist internet marketing business associated with E-Care.
2. The price charged to you will include all payments we make to others.
3. We give no guarantee as to the success of any advertising placed.
4. We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.

10. Your Provider Service warranties

1. You warrant that any Provider Service you place on Our Site for sale:
   1. is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
   2. does not offend against the law of any country whose citizens might purchase it;
   3. is not intended primarily to advertise any business, except your business, so far only as it is carried on through E-Care.
2. You warrant that you own the copyright of any Provider Service you place on Our Site for sale, or that you have the permission of the copyright owner:
   1. to place the Provider Service on Our Site for sale;
   2. to receive the net proceeds of such sales as arise;
   3. to defend the copyright in the Provider Service.

11. How we handle your Content

1. If you Post Content to any public area of Our Site it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
2. You now irrevocably authorise us to publish feedback, comments and ratings about Your Services and activity through Our Site, even though it may be defamatory or critical.
3. We will use that licence only for commercial purposes of the business of Our Site and will stop using it after a commercially reasonable period of time.
4. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
5. You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
7. Please notify us of any security breach or unauthorised use of your account.

12. Restrictions on what you may Post to Our Site

We invite you to Post Content to Our Site for marketing your services and services and in other ways. We have to regulate your use of Our Site to protect our business and our staff, to protect other users of Our Site and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Site to Post Content or undertake any activity which is or may:

1. be unlawful, or tend to incite another person to commit a crime;
2. be obscene, offensive, threatening, violent, malicious or defamatory;
3. be sexually explicit or pornographic;
4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
5. use a Posting to solicit responses unconnected with the purpose of Our Site or the terms proposed by this agreement.

13. Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

1. hyperlinks, other than those specifically authorised by us;
2. keywords or words repeated, which are irrelevant to the Content Posted.
3. the name, logo or trademark of any organisation other than yours.
4. inaccurate, false, or misleading information;
5. material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

14. Security of Our Site

If you violate Our Site, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

1. modify, copy, or cause damage or unintended effect to any portion of Our Site, or any software used within it.
2. link to Our Site in any way that would cause the appearance or presentation of Our Site to be different from what would be seen by a user who accessed Our Site by typing the URL into a standard browser;
3. download any part of Our Site, without our express written consent;
4. collect or use any service listings, descriptions, or prices;
5. collect or use any information obtained from or about Our Site or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Site, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;
7. share with a third party any login credentials to Our Site.

15. Copyright and other intellectual property rights

1. All Content on Our Site, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.
2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
3. For the sake of good order, you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

16. Interruption to Our Service

1. We give no warranty that Our Service will be satisfactory to you.
2. We will do all we can to maintain access to Our Site, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
3. You acknowledge that Our Service may also be interrupted for reasons beyond our control.
4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.

17. Our disclaimers

1. We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
2. Our Site may contain links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
3. We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Site.
4. E-Care Site and E-Care services are provided "as is". As to Our Site and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
   1. as to fitness of Our Site and Our Service for a particular purpose;
   2. as to availability and accessibility, without interruption, or without error;
   3. any obligation, liability, or remedy in tort whether or not arising from our negligence;
5. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

18. Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

1. a claim by any person in respect of any Provider Service;
2. protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
3. any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
   1. the deletion or amendment of any text or other content you have placed on Our Site;
   2. any payment we make on an ex gratia basis, arising from a contract between you and a customer;
4. legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
5. our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

19. Miscellaneous matters

1. You undertake to provide us your current land address, e-mail address, and telephone numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4. If you are in breach of any term of this agreement, we may:
   1. terminate your account and refuse access to Our Site;
   2. remove or edit Content, or cancel any order at our discretion;
   3. issue a claim in any court.
5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
7. When you visit Our Site or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Site. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
8. Any communication to be served on either of us by the other shall be delivered by hand or sent by fastmail service or recorded delivery or by e-mail.
   It shall be deemed to have been delivered:
   1. if delivered by hand: on the day of delivery;
   2. if sent by post to the correct address: within 72 hours of posting;
   3. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
9. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
10. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
11. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
12. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
13. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.