Terms and Conditions
Last updated: January 30, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.hummingbirdhealth.org.za website (the "Service") operated by Hummingbird Health ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
Branding & Content
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the logo, photos and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Hummingbird Health. Hummingbird Health has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Hummingbird Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
THIS PRIVACY STATEMENT FORMS PART OF HUMMINGBIRD HEALTH’S WEBSITE. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY STATEMENT, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY. (LAST REVISED JUNE 2018)
DEFINITIONS AND INTERPRETATION
1.1. “Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act 4 of 2013.
1.2. “Processing” means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.
1.3. “You” or the “user” means any person who accesses and browses this website for any purpose.
1.4. “Website” means the website of Hummingbird Health at URL http://hummingbirdhealth.org.za
STATUS AND AMENDMENTS
PROCESSING OF PERSONAL INFORMATION
3.1. By providing your personal information to Hummingbird Health you acknowledge that it has been collected directly from you and consent to its processing by Hummingbird Health.
3.2. Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through completing any online form) the following principles are observed in the processing of that information:
3.2.1. Hummingbird Health will only collect personal information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be apparent from the context in which it is requested.
3.2.2. Hummingbird Health will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
3.2.3. Personal information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or Hummingbird Health is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.
3.2.4. Hummingbird Health will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or Hummingbird Health is required to do so by law.
3.2.5. If personal information is released with your consent Hummingbird Health will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.2.6. Hummingbird Health will destroy or delete any personal information that is no longer needed by Hummingbird Health for the purpose it was initially collected, or subsequently processed.
3.3. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, Hummingbird Health may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
COLLECTION OF ANONYMOUS DATA
4.1. Hummingbird Health may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows Hummingbird Health to collect statistics.
4.2. Hummingbird Health may utilise temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and facilitate user convenience.
4.2.1. Cookies by themselves will not be used to identify users personally but may be used to compile de-identified statistics relating to use of services offered or to provide Hummingbird Health with feedback on the performance of this website.
4.2.2. The following classes of information may be collected in respect of users who have enabled cookies:
126.96.36.199. The browser software used;
188.8.131.52. IP address;
184.108.40.206. Date and time of activities while visiting the website;
220.127.116.11. URLs of internal pages visited; and
4.3. If you do not wish cookies to be employed to customize your interaction with this website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
5.1. Hummingbird Health takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.