website terms & conditions incl. privacy policy

By using the website, you agree to be bound by the Website Terms and Conditions. All terms and conditions are material. Please review them carefully before proceeding. The Website Terms and Conditions apply to the website in its entirety including all services offered by or through the website.

1. Definitions

1.1 “IP address” means a unique address that identifies a device on the Internet or a local network.

1.2 “Personal information” has the meaning assigned to it in the Protection of Personal Information Act (Act 4 of 2013), and “information” has a similar meaning unless the context requires otherwise, and includes any information that identifies or relates specifically to you such as your name, age, identity number, contact details, gender, business details, qualifications and information you use to log onto the website.

1.3 “Business” means The Energy Incubator (Pty) Ltd.

1.4 “Traffic data” means any data processed for the purpose of conveyance of a communication on an electronic communications network in respect of that communication and includes data relating to the routing, duration or time of a communication.

1.5 “Web browser” means an application used to access and view this website such as Internet Explorer, Google Chrome and Safari.

1.6 “Website” means the internet website with the addressor any website with a URL that is validly registered to the business.

1.7 “You” / “your” means the user of the website and the services offered by the business on or through the website.

2. Purpose of the Website

The main purpose of the website is to provide relevant information about the business to it’s customers and the public.

3. Conditions of Access and Use

3.1 To avoid any confusion, you agree that the Website Terms and Conditions apply to your use of the website, any third-party website licensed to the business and any information accessed via the website.

3.2 If you use the website, you must keep your access details (including your username and password) confidential and not allow other people to use them. You accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. Any use of your access details shall be regarded as if you were the person using such information.

3.3 Materials from the website may be copied and distributed on a limited basis for non-commercial purposes only, provided that any material copied remains intact and that all copies include the following notice in a clearly visible position: 'Copyright © 2022 The Energy Incubator (Pty) Ltd. All rights reserved.' These materials are for personal use only. Any copying or redistribution for commercial purposes or for compensation of any kind requires prior written permission from the business.

3.4 By using the website, you guarantee that you will not and you will not allow third parties on your behalf to

3.4.1 make and distribute copies of the website;

3.4.2 attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website; or

3.4.3 create derivative works of the website of any kind whatsoever.

4. You acknowledge that the terms of the agreement with your Internet provider will continue to apply when using the website. As a result, you may be charged by the Internet provider for access to network connection services for the duration of the connection while accessing the website or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

5. If you are not the payer of the device being used to access the website, you will be assumed to have received permission from the payer for accessing and using the website.

6. Data Protection

6.1 The website contains confidential information, which is the property of the business and/or its data subjects and/or its business partners. Unauthorised disclosure and/or use of this information may incur civil or criminal liability.

6.2 Any of your personal information available on the website and which you supply to the business when using the website will be used by the business in accordance with its Privacy Policy and subject to relevant legislation. Privacy Policy below.

6.3 You guarantee that all information provided by you on or via the website is true, accurate, current and correct and you undertake to update the information as and when required.

6.4 All information that you provide to the business may be stored electronically and with third parties, which parties are bound by strict levels of confidentiality. These electronic records shall be proof of the information unless you can prove otherwise.

6.5 The business takes all reasonable steps to protect your personal information and maintain confidentiality, including by making use of encryption technology. However, the business cannot guarantee the security or integrity of any information you transmit to it online and you agree that you do so at your own risk.

7. Intellectual Property

7.1 All trademarks, copyright, database and other intellectual property rights of any nature in the website together with the underlying software code as well as any content made available on the website (e.g. text, graphics, logos, images, etc.) are owned either directly by the business or by the business’s licensors unless expressly stated otherwise.

7.2 You do not obtain any trademark, copyright, database or any other intellectual property right of any nature or licence by using the website.

7.3 You are not granted any license or right to use any trademark without the business’s prior written permission and/or that of any third party.

8. Breach

If you breach the Website Terms and Conditions, the business shall have the right to claim damages of whatsoever nature from you, including special, incidental, consequential or indirect damages. In addition, the business shall have the right to claim loss of profits and loss of business and to recover all legal costs on a scale as between attorney and own client from you.

9. Termination

9.1 The business may in its sole discretion terminate your use of the website at any time by giving notice of termination to you, where this is possible.

9.2 You agree that the following actions shall constitute material breaches of the Website Terms and Conditions that shall result in the termination of your access to the website, if possible:

9.2.1 signing in as, or pretending to be another person;

9.2.2 transmitting material that violates, or could violate, the intellectual property rights or the privacy of others;

9.2.3 using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the website; or

9.2.4 gathering information about others without obtaining prior written consent.

9.3 Upon termination of use as contemplated in this clause, the rights granted to you by the Website Terms and Conditions shall terminate.

10. Disclaimers and Limitation of Liability

10.1 The business tries to ensure that the most sophisticated technology protects the information on the website. However, the business cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the website. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact the business or the webmaster as soon as possible so that the problem can be addressed.

10.2 The website and all information, content, tools and materials are provided by the business "as is" and on an "as available" basis without warranty of any kind.

10.3 The business does not guarantee the operation of the website or the information content, tools or materials on the website.

10.4 While the business makes every effort to ensure that the content and information on the website is complete, accurate and up-to-date, it makes no guarantee about the suitability of the products and services and provide no representation or warranty, express or implied, regarding the accuracy, correctness and completeness of information contained on the website.

10.5 The business does not guarantee that the website, information, content, tools or materials included on the website, the business’s servers or any electronic communications sent by it are free from viruses or other harmful components.

11. The views and opinions expressed on this website, links or attachments hereto do not necessarily reflect the views and/or opinions of the business. Regardless of the vast professional knowledge and scientific expertise in the field of physiotherapy that the business possesses, it cannot inspect all information to determine the truthfulness, accuracy, reliability, completeness or relevance thereof.

12. Although the business is fully committed to providing you with the best possible service, it shall not be responsible for:

12.1 any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, epidemics, pandemics, or any other cause beyond the reasonable control of the business, or

12.2 any inaccurate, incomplete or inadequate information supplied by you and obtainable from the website.

13. The website and all of its component elements, including text, graphics, images, hyperlinks and other materials supplied by third parties, are for general educational purposes only and do not take the place of professional medical or physiotherapy advice. To the extent that clinical information may be provided on the website, it is based on best business and/or current research, recommendations and guidelines, which may change from time to time. The information provided does not replace the advice of a registered health care practitioner. You should not discontinue any treatment you may be receiving on the basis of information reflected on this website without first consulting your treating practitioner and you should seek professional advice should any symptoms you may be experiencing persist.

14. You agree to use the website at your own risk.

15. The business, its directors / partners, employees, contractors and website contributors shall not be liable to you or any other person or entity for, and you agree to indemnify them against, any claim or damages of any kind, including for direct, indirect, special, incidental, punitive and/or consequential damages as well as loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, delict (including negligence), product liability or otherwise, arising from –

15.1 your use of the website or from any information, content, tools or materials included on or otherwise made available to you through the website, including any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices or mobile telephones;

15.2 for any decision taken or acted upon as a result of reliance on the information or philosophies contained or expressed on the website;

15.3 any of the events described in this clause;

15.4 your actions or omissions that result in a breach of the Website Terms and Conditions;

15.5 any links to other websites from the website. You also acknowledge that the business cannot control the content of or the products and services offered on those websites; and/or

15.6 a denial of access to the website should the business have reason to believe that you are conducting activities that are illegal, abusive, would affect the integrity of the website or place the business in disrepute.

16. Website Analytics

You may visit the website without providing any personal information. The website servers will in such instances collect the IP address used by the data subject to access the website, but not the e-mail address or any other personal identifiable information. The information on IP addresses is aggregated to measure the number of visits, the average time spent at the website, pages viewed, etc. The business analyses non-identifiable traffic data to improve its services, via a third-party programme, Google Analytics.

The business may collect, hold and use statistical information about website visits to help it improve the website. Such information includes –

16.1 your IP address;

16.2 the research terms you used;

16.3 the pages accessed on the website and the links visitors clicked on;

16.4 the date and time you visited the website;

16.5 the referring website (if any) through which you clicked through to our website; and

16.6 the type of web browser you use.

The traffic data is aggregated and is not personally identifiable. Our website analysis will respect any “does not track” setting you may have set on your web browser.

17. Cookies

The business uses industry-wide technologies such as ‘cookies’ to collect information about the use of the website, your preferences and past browsing history. ‘Cookies’ refer to information that is sent from the website to your hard drive, where it is saved. This will allow the business to improve its services and your experience when you use the website again. The cookies do not collect any personal information about data subjects. The information obtained will be shared with persons or entities to the extent necessary for them to administer and improve the website on our behalf.

18. Jurisdiction

The laws of the Republic of South Africa shall govern these Website Terms and Conditions.

19. Amendments to the Website Terms and Conditions

The business may in its sole discretion amend the Website Terms and Conditions from time to time without prior notice. The latest Website Terms and Conditions available on the website shall at all times take precedence over any other version of these Terms. It is your responsibility to make sure you are satisfied with any changes before continuing to use the website.

THE PROTECTION OF PERSONAL INFORMATION ACT

CUSTOMER PRIVACY NOTICE

This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).

At The Energy Incubator (Pty) Ltd (and including this website) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

The information we collect

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services accordingly. For this purpose we will collect contact details including your name and organisation.

We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.

Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.

For example:

To gather contact information;
To confirm and verify your identity or to verify that you are an authorised user for security purposes;
For the detection and prevention of fraud, crime, money laundering or other malpractice;
To conduct market or customer satisfaction research or for statistical analysis;
For audit and record keeping purposes;
In connection with legal proceedings.

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

Where we have a duty or a right to disclose in terms of law or industry codes;
Where we believe it is necessary to protect our rights.

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Our security policies and procedures cover:

Physical security;
Computer and network security;
Access to personal information;
Secure communications;
Security in contracting out activities or functions;
Retention and disposal of information;
Acceptable usage of personal information;
Governance and regulatory issues;
Monitoring access and usage of private information;
Investigating and reacting to security incidents.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

Definition of personal information

According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, COR Concepts also includes the following items as personal information:

All addresses including residential, postal and email addresses.
Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.