Terms

Terms of Service

Effective date: 31 June 2021

By using this website, you signify your assent to these terms of service. If you do not agree to these terms of service without modification, you may not use this website in any way.

These terms of service make reference to sections of the Electronic Communications and Transactions Act, 25 of 2002 (hereinafter “the ECT Act”), promulgated in the Republic of South Africa, a copy of which may be obtained at http://www.internet.org.za/ect_act.html

  1. TERMS OF SERVICE
    Your use of this website shall at all times be subject to these terms of service, as may be amended from time to time. It is your responsibility to continually stay abreast of changes to these terms. Each time you access the website and/or use the services, you shall be deemed to have consented, by such access and/or use, to the terms.
  2. LIMITATIONS
    1. Whilst Nisha Pillay strives to ensure that the information on this site is accurate and complete, she makes no warranties about the accuracy, reliability, completeness or timeliness of information published on this website.
    2. Whilst Nisha Pillay strives to ensure that this website is always accessible, she cannot guarantee the level of uptime or speed of access that can be expected.
    3. The information on this website is intended for general information purposes only and is not intended to serve as advice.
    4. To the highest extent possible under the applicable law, Nisha Pillay disclaims liability for any claim, loss, injury or damage arising out of or in connection with the use of information and/or services available from or through this website, whether direct or indirect including, and without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind.
    5. You hereby, give your full indemnity to Nisha Pillay from any claim, loss, damage or injury of kind that may arise out of or in connection with your use and/or publication of information on this website.
  3. LICENCE
    1. The proprietary information on this website may be downloaded or printed for your own non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to the practice and companies of which it is an affiliate.
    2. All rights not expressly granted in terms of these terms of use are reserved. Any use of this websites proprietary information by you, otherwise than expressly authorized in terms hereof, may violate copyright laws, trademark laws and other regulations and statutes and be liable for criminal prosecution and/or civil liability.
    3. In respect of any submitted data, such as reviews, comments and/or any other content (other than your personal information) which shall include, without limitation, information, data and media:-
    4. You agree to extend to us a perpetual, royalty-free license to publish such submitted data on the website site;
    5. Nisha Pillay will be entitled to treat such submitted data as non-confidential; and
    6. You warrant and represent that submitted data shall not infringe any party’s rights or contravene any applicable legislation.
  4. PRIVACY POLICY
    1. As a provider of an online service, Nisha Pillay requires users to provide certain information when registering to purchase, contact and give feedback to the practice. All information provided by Users is collected, used, maintained, shared and destroyed in accordance with Nisha Pillay Occupational Therapy's Privacy Policy, and incorporated into this Agreement by reference.
  5. LINKING AND FRAMING
    1. You may not establish a link to this website from a third party site, unless:
    2. The link does not imply any association, endorsement or sponsorship by Nisha Pillay of such a website or services offered on the site.
    3. The linked pages from the website are displayed without alteration of any kind; specifically, you may not cause a user’s web browser to display a “framed” version of this web site in response to activating a link.
  6. AUTOMATED ACCESS AND RESALE
    1. Other than bona fide public search engines, you may not access any pages in this website using a computer program or an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including, without limitation, any web spiders, crawlers, or similar technologies
  7. RESPONSIBLE USE OF WEBSITE
    1. To the extent possible on this website, you may not use this website or any related hosting infrastructure to:
      1. send or post unsolicited commercial communications;
      2. publish information or material that is insensitive to others
  8. ELECTRONIC COMMUNICATIONS
    1. Any communication or material you transmit to Nisha Pillay by email or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by me, unless expressly agreed otherwise in writing. To the extent that your submissions may be published on this website, such publication shall at all times be.
    2. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response.
    3. Electronic communications, including all attachments thereto, transmitted to you by Nisha Pillay are subject to the following specific terms:
      1. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorized disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful.
      2. Whilst Nisha Pillay  employs virus filtering, she does not guarantee or warrantee that electronic communication will be virus-free. You are accordingly advised to employ your own virus scanning tools.
      3. The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.
  9. ENFORCEABILITY
    1. Each provision of these terms of service shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue in full force and effect.
  10. JURISDICTION
    1. Subject to clause 11.2 below, this Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. The parties agree that the High Court of South Africa, Gauteng local Division, shall have exclusive jurisdiction to hear any disputes that may arise from this Agreement.
    2. For the purpose of all proceedings hereunder the parties consent to the jurisdiction of the magistrate’s court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring upon the said court pursuant to section 45 of the Magistrates Court Act, 1994, provided, nevertheless, that any party shall have the right at its sole option and discretion to institute proceedings in any other competent court.
  11. AMENDMENTS
    1. Nisha Pillay reserve the right to revise these terms of service at any time, with the revised terms taking effect as of the date of its posting.
  12. LEGAL COSTS
    1. Should Nisha Pillay instruct legal representatives to take any steps to enforce any rights in terms of these terms arising from a breach thereof, then you will be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.
  13. INFORMATION DISCLOSURE
    The following information is disclosed in terms of section 43 of the ECT Act and the Protection of Personal Information Act, 4 of 2013.
    Full name and legal status: Nisha Pillay Occupational therapy
    Names of office bearers: Nisha Pillay
    Physical address: Mondeor, Johannesburg, South Africa, 2091
    Telephone number: +27 64 909 0439 Website address: www.nishapillay-ot-beyondthebasic.com E-mail address: beyondthebasicot@gmail.com
    Membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body; (if any): Health Professions Council of South Africa – Registration number: OT 0081620, Board of HealthCare Funders – Registration number: 0490652, 
  14. INTERPRETATION
    1. You warrant your legal capacity and authority to accept these terms of service.