EMGuidance Terms & Conditions

  1. INTRODUCTION
    1. EMG Technologies Proprietary Limited (registration no. 2016/083286/07) with registered office at 3rd Floor Fairweather House, 176 Sir Lowry Road, Woodstock, 7925, Cape Town, Western Cape, South Africa, ("EMG"; "we" or "us") has developed the mobile application software and associated media known as "Essential Medical Guidance Application" or “EMGuidance” ("App") for Medical Professionals.
    2. These terms and conditions of use ("Terms") constitute a legally binding agreement between EMG and Registered Users (including users who may not yet be registered as a "Registered User") ("you" or "your") regulating your use of the App.
    3. We license the use of the App to you on the basis of these Terms. The use of the App is also subject to any rules or policies applied by any application store provider or operator ("Appstore Rules") from whose website you download the App ("Appstore").
    4. We do not sell the App to you under these Terms and we remain the owner of the App at all times.
    5. You accept and agree that making use of the App signifies your agreement with these Terms and your acceptance that these Terms shall apply even where the App's content is provided by or belongs to our Content Providers, partners, third-party providers, advertisers, or any other party.
    6. Should you not agree to these Terms, you shall be prohibited from using the App and/or the Content. This includes any Content which has been copied or cached by you.
    7. You must ensure that anyone accessing the App via your account complies with the Terms.
  2. DEFINITIONS AND INTERPRETATION
    1. In these Terms, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:
      1. "Basic Registred Users" means Medical Professionals who have registered to use the App and who’s registration details have yet to be verified”
      2. "Clinical Recommendations" means systematically developed statements and recommendations (including clinical guidelines and practices, standard treatment guidelines and practices and treatment protocols) that have been verified by a Content Provider to have the necessary efficacy and to be compliant with applicable laws. Clinical Recommendations are intended to optimise patient care and may assist Medical Professionals in determining an appropriate healthcare option at the point-of-;
      3. "Consumer Protection Act" means the Consumer Protection Act 68 of 2008, as may be amended from time to time
      4. "Content" means any and all materials such as written text, articles, photographs, sound clips, video clips or any other form of electronic communication as may exist now or in future that consist of (i) Clinical Recommendations; (ii) general medical information and practices; (iii) health system information; (iv) information on medicine and prescription guidelines, and (v) other medical educational material and information;
      5. "Content Provider" means institutions and Medical Professionals who developed the Content;
      6. "Destructive Code" means any 'viruses', 'trojan horses', computer code, malware, instructions, devices or other materials designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Device, Technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;
      7. "Device" means a mobile device which is capable of connecting to the Internet, and shall include mobile phones, tablets and other devices;
      8. "ECT Act" means the Electronic Communications and Transactions Act, 25 of 2002, as may be amended from time to time;
      9. "Medical Professional/s" means Medical Professionals such as doctors, nurses, pharmacists and paramedics who are registered with the Health Professions Council of South Africa or any other similar body as a Medical Professional;
      10. "Intellectual Property Rights" means all intellectual property rights of whatsoever nature anywhere in the world, including (without limitation) copyright and related rights, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, logos, brand names, trademarks, trade names and service marks, goodwill, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, and including all rights to recover damages for the breach, infringement, or misappropriation of any such intellectual property rights;
      11. "Internet" means the global electronic communications network providing a variety of information and communication facilities, consisting of interconnected networks using standard communication protocols;
      12. "Registred Users" means Basic Registered Users and Verified Registered Users collectively;
      13. "Services" means medical guideline and health information services provided by EMG to Registered Users through the App, including the services as set out in paragraph 3 below;
      14. "Technology" means any software, systems, application s, platforms, devices, technology and the like, of any kind and in whatever form;
      15. "Updates" means corrections of inherent errors in the App and any changes or improvements made to the App which result in the addition of functions or features not present in the App at the date of conclusion of these Terms; and
      16. "Upgrades" means new versions of the App, or portions thereof which incorporate new or enhanced functionality which result in major change in the App; and
      17. "Verified Registered Users" means Medical Professionals who have registered to use the App, whose registration details have been verified by EMG and who will have access to of the App.
    2. References to the singular includes the plural and vice versa. Clause headings are for convenience and not to be used in interpreting these Terms.
    3. The words 'including' or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word. The word (i) 'including' means 'including but not limited to'; (ii) 'include' means 'include but is not limited to'; and (iii) 'includes' means 'includes but is not limited to'.
    4. Where any number of days is given, those days are counted to exclude the first day but include the last day.
  3. SCOPE OF THE TERMS AND SERVICES
    1. The App may only be accessed by Verified Registered Users. If you are not a Verified Registered User you may not use the App. If you do use the App and accepting these Terms, you do so at your own risk and EMG shall not be liable to you in any manner whatsoever arising out of any cause or action.
    2. EMG provides Verified Registered Users with access to a wide array of resources which is provided via the App (or such other mediums and devices hereinafter developed by EMG). These resources include, without limitation, news, tools and applications, communication tools (to the extent available), including Content obtained from our Content Providers.
    3. The App enables Verified Registered Users to view and access, via mobile phones and other devices, the following:
      1. Content;
      2. clinical calculators;
      3. medical directory;
      (collectively the "Services").
  4. HOW TO ACCESS AND DOWNLOAD THE APP
    1. We do not warrant that the App will be compatible with nor that it will operate with every type of Device. Certain Devices and operating software may not work with the App due to limitations or constraints specific to the Device or the software.
    2. We will not be responsible for your inability to access the App (i) due to limitations specific to your Device; (ii) issues pertaining to your software; (iii) the internet as a whole; (iv) your data contract; (v) any act or omission of your data service provider; or (vi) any malfunction or unavailability of any telecommunication facilities, services, products and other equipment which are needed to access the internet or download the App. We are also not responsible for any jitters or lags etc. that you may experience with the App.
    3. You acknowledge that, in order for the App to load and/or to function, you are fully responsible for:
      1. finding out whether your Device is appropriate and compatible with the App; and
      2. the continued functionality of the Device on which the App has been installed and downloaded, including for ensuring that the Device is (i) in good working order; (ii) at all times updated to run on the latest version of your operating system; and (iii) operating in accordance with the relevant Device manufacturer's specifications.
    4. To access the App you must have a Device that is able to connect to the Internet.
    5. You, at your own cost, are responsible for obtaining and maintaining:
      1. the Devices,
      2. adequate and reliable Internet access from a suitable service provider; and
      3. all telecommunication facilities, services, products and other equipment needed to access the Internet or to download the App.
    6. If the Device does not belong to you, you hereby confirm and promise that you have obtained permission from the owners of the Device to download or install the App onto the relevant Device and to use the App subject to these Terms. You and/or they may be charged by the relevant service provider for Internet access on the Device.
    7. You accept responsibility in accordance with these Terms for the use of the App on or in relation to any Device, whether or not it is owned by you. We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Device.
    8. You must download and install the App onto your Device from the App Store.
    9. You acknowledge that the display, layout, look and feel of the content of the App may differ depending on the Device being used to access the App.
    10. You will only be able to access the Services via the App. You must register and create an account if to allow you to access the Services.
  5. ACCEPTANCE OF THE TERMS
    1. You must agree to these Terms if you want to use the App and Services.
    2. By downloading the App and clicking on the button next to the words "I ACCEPT" you agree to these Terms and this will become a binding legal contract between you and us.
    3. If you do not agree to these Terms you must immediately stop the downloading process by clicking on the "Cancel" button. In this case the downloading process will terminate and we will not license the App to you.
    4. We may change the provisions of these Terms at any time by sending you an email with details of the change or notifying you of a change the next time you load the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
  6. HOW TO REGISTER
    1. Registration
      1. Once you have downloaded the App, you must register to use the Services.
      2. You must be 18 (eighteen) years or older and a Medical Professional to be able to register to use the Services.
      3. As part of the registration process, you will be required to create a user account and register as a “Basic Registered User." Once your details are verified by our team, you will become a "Verified Registered User”. You can do this by completing the electronic registration form which will include:
        1. creating a password; and
        2. providing us with all the information we require, including but not limited to your name, surname, profession and professional level, clinical interest area/s, location, email address, contact number, professional registration details, South African Identity Number and mobile phone number.
      4. If you wish to access the App you will be required to become a ‘Verified Registered User’. Information used to attain ‘verified registered user’ status includes your professional registration details (i.e. your registration details with the Health Professions Council of South Africa or any other similar body) practice number, identity number and phone number. If we are unable to verify your professional registration details, you will be restricted from accessing the app.
      5. Once you have provided us with your registration details and agreed to these Terms by clicking on the "I Accept" button, we will confirm your registration by sending you a confirmation email, as well a verification email.
      6. All the information that you give to us must be truthful, accurate and complete. This also includes the information that we request you to provide in the registration process and at any time after that. Your registration can also be rejected if you fail to properly complete the electronic registration process.
    2. Updating your details
      1. You must notify us if the information you give to us changes or if details we have for you change, or if they are incorrect or incomplete.
      2. You will be able to edit your own details when you log into your user account. We will send you an email confirming any updates or changes which you make to your details.
      3. We will use and rely on the most recent details which you have provided to us. It is your responsibility to update us if the details we have for you change or if they are incorrect or incomplete. If you do not update us, we will continue to use and rely on the most recent details which you have provided to us.
  7. YOUR ACCOUNT
    1. After you have completed the registration process described in paragraph 6 above, we will create your account.
    2. You will need to use your email address and password in order to access your account and to use the Services.
    3. Keeping your account secure and your password secret
      1. You must keep your password secret.
      2. You are responsible for all use of your user account and your password.
      3. If you forget your password, or you want to change your password, you can do so by logging on to the App and selecting the "forgot password" button.
      4. Whenever a person uses the Services, or performs any other act, with your password or through your account, we will treat this as if it was done by you and with your approval.
      5. You must take all reasonable and appropriate measures not to share, display in public, or make your password and registration details available to any person who is not authorised to access your account.
      6. You must notify us immediately by sending us an email at info@emguidance.com if you suspect that another person has obtained unauthorised access to your account, or password, or if you are aware of any unauthorised use of your account or password. You will be responsible for changing your privacy settings on your account as soon as you become aware of any unauthorised access or use.
      7. You accept that we cannot protect you if you do not keep your password secret or if someone obtains unauthorised access to your account.
      8. As far as the law allows, we will not be responsible for any loss or damage which you may suffer if any other person uses your password or accesses your account or the Services using your account, without your approval and consent.
  8. USE OF MOBILE DATA
    1. It is important to note that the app uses Mobile data in the ‘background’ for content updates, in addition to using data to perform registration and download content initially. Generally, most of the content on the APP is downloaded after registration or upon user-initiated new content downloads. Thereafter the content is viewed offline and background updates occur as required.THE CONTENT
      1. The Content that we make available through the Services is intended for Medical Professionals in South Africa only.
      2. We may update the Content on the App from time to time, however, this is dependent on maintaining agreements with our Content Providers.
      3. The Services are not meant to serve as a substitute for your own clinical judgment as a Medical Professional and you should evaluate and independently verify the information and results from the Services that EMG provide to you through the App. We do not provide professional medical or other advice or recommend particular products or medicines through our Services in any manner whatsoever. You acknowledge and agree that you are using the App at your own risk and you should not rely on that information as professional medical advice.
  9. INFORMATION THAT YOU PROVIDE
    See our Privacy Policy (paragraph 15 below) for an explanation of how we use information that you provide to us and your rights to change or delete it. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties' use or misuse of information transmitted or received using the Services.
  10. CONSUMER PROTECTION ACT
    1. If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the App are regulated by or subject to the Consumer Protection Act, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
    2. No provision of these Terms (or any contract governed by these Terms):
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
      2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
      3. limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  11. GRANT AND SCOPE OF LICENCE TO USE THE APP
    1. Licence
      We grant you a non-transferable, non-exclusive, non-sublicensable revocable license to download, install and use the App on the Devices subject to these Terms and the App Store Rules.
    2. Updates and Upgrades
      1. We may make Updates and Upgrades to the App available from time to time, free of charge, unless such Updates and Upgrades to the App enables a feature of the App that you will be charged for.
      2. You will be required to download and install the Updates and Upgrades from the App Store in order to continue to use the App.
      3. Depending on the nature of the Update or Upgrade, you may not be able the use the App until you have downloaded the latest version of the App.
      4. The Updates and Upgrades will be subject to the same terms and conditions as contained in these Terms, unless we specify otherwise.
    3. Licence Restrictions
      1. Except as expressly set out in these Terms or as permitted by law, you agree:
        1. that the licence to use the App is for your personal and non-commercial use only. You may view the Content or download or print individual articles for backup or archival purposes only. All copies of the Content provided through the Services must include any trademark or copyright notices or disclaimers, and you may not remove any trademark or copyright notices or disclaimers from our or our Content Providers' Content. We and our Content Providers reserve all other rights not granted in these Terms;
        2. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
        3. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
        4. not to make alterations to, or modifications of, the whole or any part of the App or the Content or permit the App or the Content or any part of it to be combined with or become incorporated in, any other programs;
        5. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or the Content or the Technology forming part of the App or attempt to do any such thing;
        6. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
        7. to provide or otherwise make available the App, in whole or in part (including any object code) in any form to any person without prior written consent from us; and
        8. to comply with all technology control or export laws a regulations that apply to the technology used or supported by the App.
          (the "Licence Restrictions").
    4. If you modify or attempt to modify your Device in any way or use software that is designed to modify your Device, override, or disable any security features on your Device or its operating system, you acknowledge that you do so at your own risk. There are security features included in the App which are designed to operate with the Device according to the manufacturer's specifications. Modifying the Device or its operating system may also result in the App not working at all.
    5. Acceptable Use Restrictions
    6. You may not:
      1. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting Destructive Code into the App or any operating system;
      2. infringe our Intellectual Property Rights or those of any third party in relation to your use of the App;
      3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
      4. introduce any Destructive Code into the Technology used by us or any other person, including in the App;
      5. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      6. collect or harvest any information or data for attempt to decipher any transmissions from the servers or systems which run the App.
  12. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that:
      1. all Intellectual Property Rights in the App, the Technology and any trademarks and Content used and/or displayed in connection with the App and/or the Services anywhere in the world belong to us or our Content Providers;
      2. all rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with these Terms;
      3. you have no right to have access to the App in source-code form.
  13. COLLECTION OF DATA
    1. Technical and location data
      1. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for the Services that are internet-based or wireless to improve our products and to provide any Services to you.
      2. Certain Services will make use of location data sent to us from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us transmitting, collecting, maintaining, processing and using your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device.
    2. Third party sites
      The App may contain links to other independent third-party websites ("Third Party Sites"). Third Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies. You will need to make your own independent judgment regarding your interaction with any Third Party Sites, including the use of any products or services accessible through them.
    3. Consent to use of data for academic research
      By using this app, you hereby consent to the use of information you provide and information generated by the software through your usage of the software, for the purposes of academic research and publication of such research on reputable scientific publication platforms. The information collected for the purposes of research will be collated in an electronic data repository entitled ‘EMG Research Data.’ EMG Research Data is a secure repository housed within EMG’s secure technical hosting environment. It is under password-controlled access by EMG system administrators only. EMG Research Data will be protected by the same security standards implemented for the rest of the EMG app. EMG Research Data excludes personally identifying data, namely: name, surname, identification number, mobile number, professional registration or student number. Anonymous profile data collected for the purposes of research include are: age, sex, type of Medical Professional, professional level, clinical interest area, location and main site of work. Anonymous software usage data collected for the purposes of research includes: Download and update behaviour, app search queries, app screens access frequencies, app screen access durations, app click and action data, time data related to screen access and actions and any other anonymous usage information provided by your device to EMG through your usage of the software. An example of an intended, descriptive, clinical research outcome, informed by the above-mentioned app screen access and action data, include: An observational description of clinical guideline access by Medical Professionals, categorized by location, type of professional and times of day. It is perceived that research of this nature would provide insight into medical education curricular needs, provide insight into epidemiological trends, provide insight into Medical Professional resource requirements and ultimately advance health system development and strengthening. It is important to note that there is no direct benefit to you in this research, however you would be assisting the advancement of insight into a key health-system process. ‘EMG research data will only be shared with researches after a formal ethics approval has been attained through a reputable ethics committee. Only EMG Research Data, excluding personally identifying information will be shared with researches. You may withdraw your consent at any time, by sending an email to ‘info@emguidance.com’ stating ‘withdraw my information from EMG Research Data’ or a similarly descriptive statement. The information in EMG Research Data will be stored for a period of 20 years, after which you will be contacted with a request to consent to either have your data permanently deleted, or used for further research. EMG research data will only be shared with other reputable institutions for the purposes of advancing the above-mentioned research. There is no physical harm that could come to you by consenting to this research. If personal identifiable, software usage data carries with it insights relating to an individuals clinical preferences and actions, unwanted exposure of this data carries with it the risk of personal reputational compromise, or unwanted communications from other parties. This risk is considered by EMG to be very minor. Industry-standard technical and organizational data security measures have been implemented to prevent the theft or leakage of EMG data in general, as well as EMG Research Data. For more information on the EMG data security policies, please contact info@emguidance.com.
  14. GENERAL PRACTICES REGARDING USE AND STORAGE
    1. You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that uploaded Content (or other messages or postings) will be retained by the Services, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Services. You acknowledge that we reserve the right to modify these general practices and limits from time to time
    2. You expressly agree that we may preserve any transmittal or communication by you through the Services, or any service offered through the Services, and may disclose that information if legally required to do so or if determines that the disclosure is reasonably necessary to enforce these Terms or to protect any rights hereunder or to respond to claims of wrongdoing by others.
  15. PRIVACY POLICY
    1. We recognise the importance of protecting your privacy in respect of personal information collected by us when you use the App.
    2. By agreeing to these Terms you agree to the provisions set out in this Privacy Policy and you consent to us collecting and using your personal information for the purposes set out in this Privacy Policy. If you do not agree to the Privacy Policy please do not continue to use the App.
    3. Should you decide to make use of the App and the Services, the types of personal information that we may collect from you includes information necessary for our legitimate business interests. This may include (amongst other things) the following:
      1. your name and surname;
      2. your email address;
      3. profession and professional level;
      4. mobile phone number (only if you require access to certain restricted areas);
      5. identity number (only if you require access to certain restricted areas);
      6. professional registration and practice number (only if you require access to the restricted areas);
      7. clinical interest areas;
      8. location; and
      9. main site of work.
    4. We may collect your personal information in several ways, including when you register a user account, make use of the Services, browse the App or we carry out demographic research. The supply of your personal information is voluntary, however you acknowledge that we cannot make the Services available to you on the App if you do not wish to supply such personal information.
    5. You agree to provide accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle us, inter alia, to terminate your use of the App.
    6. The purposes for which we will use your personal information are as follows: to contact you regarding the current Services offered by us or any new services, to provide information to you, to inform you of new features, to notify you of changes to the Services, administrative or legal purposes, for helping us in any future dealings with you and generally to improve your experience on the App and to send marketing information to you if you have opted-in to receive such information. Note that this restriction on sending marketing information to you excludes in-app marketing content or messages.
    7. Should you no longer wish to receive marketing communications from us, you may send us an email or mobile text message with the words "unsubscribe from communications" in the subject field and include in the body of the message "[your registered user name] and [registered Email Address]" to info@emguidance.com. Your cancellation will be effected on the first business day of the following month after you have notified us of your cancellation. Note that this applies only to external, out-of-app communications and not to in-app marketing.
    8. We will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –
      1. required in order to comply with applicable law, order of court or legal process served on us; and/or
      2. disclosure is necessary to protect and defend our rights or property.
    9. We will be entitled to disclose your personal information to those of our affiliates, agents, advisors, employees and/or third party service providers and suppliers (including payment providers) who assist us to interact with you via the App, mobile communications and/or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information. We will also share your personal information with government or law enforcement agencies where the law requires that we disclose your personal information, and where we have reason to believe that a disclosure of your personal information is necessary to identify, contact or bring legal action against a party who may be in breach of the Terms.
    10. We will:
      1. treat your personal information as strictly confidential;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      4. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      5. upon your request, promptly return or destroy any and all of your personal information in our possession or control.
    11. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    12. You may request access to the personal information which we collect from you, including to rectify the information, or object to its processing by sending an email to us at info@emguidance.com. You also have the right to lodge a complaint with the information regulator if you think we are in breach of any applicable data protection legislation.
    13. We may, from time to time, transfer, store or host your personal information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such personal information.
    14. If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Protection of Personal Information Act, 4 of 2013 ("POPI") or other data protection legislation it is not intended that any provision of this Privacy Policy contravenes any provision of POPI or other data protection legislation. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI or other data protection legislation are complied with.
  16. EQUIPMENT
    When using the Services, information will be transmitted over a medium that may be beyond the control of EMG, our Content Providers or suppliers. Accordingly, neither EMG, the Content Providers, nor suppliers assume liability for nor relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access the Services and all charges related to the same.
  17. ADVERTISING AND PROMOTION
    EMG shall have the right to enter into agreements with advertising sales agencies which grant them the right to sell advertising on the App, including advertising for inclusion in any page or screen which includes the Content. Such advertisements shall not be juxtaposed with or appear to be part of the Content and neither the Content Provider or the creator of the Content or EMG certifies, endorses or guarantees the service or product so advertised on the App. It will always be clearly indicated to you if Content in the app been sponsored or paid for by a third party.
  18. DISCLAIMERS
    1. General Disclaimer
      1. As far as the law allows, we do not warrant the accuracy, reliance and/or use of the Services and Content (or any other information provided to you as part of the Services) as being correct or up to date. It is your responsibility to verify the accuracy of the Content (or other information provided to you through the Services). We will not be responsible for any loss or damage suffered by you based on your reliance and/or use of the Services or Content or information provided via the App. You acknowledge and consent that you use the App, the Services and Content entirely at your own risk. Without limiting the foregoing, we make no representations or warranties about the (i) accuracy, reliability, completeness, correctness, or timeliness of the Services or Content; or (ii) satisfaction of any government regulations requiring disclosure of information on prescription medicine products or the approval or compliance of any software tools available through the Services.
      2. As far as the law allows, the App is provided to you on an "as is" and "as available" basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).
      3. As far as the law allows, we make no representations and give no warranties regarding (i) the operation, integrity, compatibility, availability or functionality of the App, or (ii) that the App will:
        1. be available or accessible at 95% of all times, requiring a limited period of ‘downtime’ to address software or fixes.
        2. be uninterrupted when used, timely, error-free or secure or free from Destructive Code; or
        3. meet your individual requirements.
      4. You assume all responsibility and risk for the installation, use and results obtained from the App.
    2. Medical Disclaimer
      The App contains Content and other general information about, amongst other, certain medical conditions, medicine and treatments. EMG provides the App, the Services and the Content for informational purposes only. EMG does not provide any medical advice on the App. Using, accessing and/or browsing the App (or providing personal or medical information to EMG) does not create a doctor-patient-relationship between you and EMG. Nothing contained in this App is intended to create a doctor-patient-relationship or to replace the services of a licensed, trained doctor or healthcare professional or to be a substitute for medical advice of a licensed, trained doctor or health care professional. The Content does not constitute medical advice, and should not be treated as such. The Content should be treated solely for information purposes and should not be considered as a substitute for professional medical advice, diagnosis, or treatment for which you need to use your own discretion and judgment.
  19. LIMITATION OF LIABILITY
    1. You acknowledge and consent that you use the App, Content and the Services entirely at your own risk and that neither we nor our Content Providers, affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect and special damages, personal injury or death, accuracy or completeness of information included in the Services or Content, punitive or incidental damages and damages or losses of any other kind).
    2. Without limiting the generality of the aforesaid, you acknowledge and consent that neither we nor our affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect and special damages, personal injury or death, accuracy or completeness of information included in the Services, punitive or incidental damages and damages or losses of any other kind)) or any other action arising from:
      1. any defect, fault, malfunction and/or delay in your hardware and/or software;
      2. any defect, failure, fault and/or delay in connectivity to the Internet;
      3. your use of the Content;
      4. to the extent allowed by law, any defect, failure, fault, delay or unavailability of the App, the Content and/or Services for any reason whatsoever;
      5. viruses and/or spam that may infect your Device;
      6. the App, the Content, the Services, our systems and/or your information held by us being compromised in any way; or
      7. a third party gaining access to and using your information held by us.
  20. Indemnity
    You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, Content Providers, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
  21. Termination
  22. We may terminate our agreement with you immediately by written notice to you (i) if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 (fourteen) days after the service of written notice requiring you to do so; or (ii) if you breach any of the licence restrictions.
  23. On termination for any reason:
    1. all rights granted to you under these Terms shall cease;
    2. you must immediately cease all activities authorised by these Terms;
    3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
    4. you agree that we may remotely access the Devices and remove the App from all of the Devices and cease providing you with access to the Services.
    5. You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and neither we nor our Content Providers shall be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or any portion thereof.
  24. Communications
    1. If you wish to contact us in writing, or if any term in these Terms requires you to give us notice in writing, you can send such communication by e-mail to info@emguidance.com. We will confirm receipt of your communication in writing, usually by e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us when registering for the Services.
  25. Important Terms
    1. We may transfer our rights and obligations under these Terms to another entity, but this will not affect your rights or our obligations under these Terms.
    2. While we will use our best efforts to ensure that the App operates as it was designed by us, we cannot warrant that the Services are compatible with, or will operate with your Device or any software/hardware that you have on your Device.
    3. To protect your personal and confidential information it is your responsibility to protect your Device from access by other persons. You must immediately contact us if your Device is lost or stolen so that we can change your access codes (usernames and passwords) so that unauthorised persons cannot access the Services.
    4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    5. Each of the clauses of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    6. These Terms, its subject matter and its formation, are governed by the laws of the Republic of South Africa.
    7. If these Terms, or Services provided and/or made available on the App is regulated by or subject to the Consumer Protection Act, the ECT Act or other laws it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, the ECT Act or other laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, the ECT Act or other laws are complied with.
    8. No provision of these Terms:
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
      2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
      3. limits or excludes any warranties or obligations which are implied into this Agreement by the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.