Your access to and use of the CAPE MEDICAL PLAN web-site as the user ("the user") shall be subject to the following terms and conditions. Please read them carefully each time you access CAPE MEDICAL PLAN’s web-site.

1. THE INFORMATION SERVICE

1.1
The CAPE MEDICAL PLAN information service ("the information service") is comprised of information and content, which include but are not limited to, member information and general links, provided by CAPE MEDICAL PLAN and certain third parties.

1.2
CAPE MEDICAL PLAN may, in its sole discretion amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.

2. GRANT

2.1
CAPE MEDICAL PLAN hereby grants to the user a personal, non-exclusive, non-assignable and non-transferable right to use and display all content and software included in the information service on any computer of which user is the primary user.

2.2
Notwithstanding anything contained in clause 2.1 above the user may designate members of the user’s household to use the information service in accordance with the terms of this agreement, provided it is done by using the user's computer equipment or account.

2.3
The user shall not copy any of the content or software without first obtaining CAPE MEDICAL PLAN’s consent and CAPE MEDICAL PLAN reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur.

2.4
The user shall be responsible for all use of the information service accessed through the user’s account, as defined by user’s identification mechanism known as cookie, password, or authentication certificate(s), and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user’s account.

2.5
Neither the user nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the information service.

3. THE TERMS OF USE
User agrees that -

3.1
Use of the information service is at the user’s sole risk. Neither CAPE MEDICAL PLAN nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers")

3.1.1 guarantee that the information service will be uninterrupted, error free, accurate or correct;

3.1.2 shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement.

3.2
The user shall not add to the information service any material which violates the intellectual property rights of any other person.

3.3
The user shall not upload, post or otherwise publish on or over the information service, and not to seek on or over the service, any software, file, information, communication or other content :

3.3.1 which violates or infringes upon the rights of any other

3.3.2 which, under the circumstances and in CAPE MEDICAL PLAN’s sole discretion, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed;

3.3.3 which is unsuitable for children and minors;

3.3.4 which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persona;

3.3.5 which detrimentally affects the information service or CAPE MEDICAL PLAN in any way whatsoever;

3.3.6 which contains any virus or aspect which may cause a corruption of data;

3.3.7 which, without the approval of CAPE MEDICAL PLAN contains any advertising, promotion or solicitation of goods or services for commercial purposes.

4. DISCLAIMER AND INDEMNITY

4.1
The information service is distributed in good faith without any warranties either expressed or implied.

4.2
The user waives any claim which the user may have against CAPE MEDICAL PLAN in respect of any selection of or retention of, or the acts or omissions of, third parties in connection with the information service.

4.3
The user acknowledges that CAPE MEDICAL PLAN will not be required to edit or review for accuracy or appropriateness any content within the service.

4.4
The user hereby indemnifies and holds CAPE MEDICAL PLAN and its employees or suppliers harmless against all claims or actions which may be instituted against CAPE MEDICAL PLAN or loss or damage which may be incurred by CAPE MEDICAL PLAN arising out of the user’s use of the web-site or any breach of these terms and conditions by the user.

5. IMMATERIAL PROPERTY RIGHTS

5.1
CAPE MEDICAL PLAN reserves all copyrights and other rights in and to any content available through the information service that is identified as, claimed by CAPE MEDICAL PLAN as, or known by the user to be, proprietary to CAPE MEDICAL PLAN or its licensors or suppliers. The content on the information service is protected under applicable copyright law, including as a collective work.

5.2
The user or designated user who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the service grants to CAPE MEDICAL PLAN or assignees an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with CAPE MEDICAL PLAN’s business or the business of CAPE MEDICAL PLAN’s assignees such software, files, information, communications and other content, regardless of the medium, technology or form utilized by CAPE MEDICAL PLAN in the exercise of this grant.

6. USE OF USER INFORMATION BY CAPE MEDICAL PLAN

6.1
CAPE MEDICAL PLAN may in the widest sense possible distribution, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.

6.2
CAPE MEDICAL PLAN will be entitled in its sole discretion and without notice, to provide the user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten rights of any person or entity, and to maintain and use internally such information and records.

6.3
CAPE MEDICAL PLAN may also provide online and e-mail communications to the user on matters pertaining to the information service, or the membership issues without compensation to the user, but shall do so reasonably and in good faith

6.4
The user acknowledges -

6.4.1 that communications within the information service may be monitored or reviewed for quality control and other reasonable business purposes;

6.4.2 that advertising and promotion may occur on the information service and that the user shall not have any claim with respect to any proceeds from such activities.

6.5
The use of the user information and the disposal or dissemination thereof shall not constitute invasion of privacy by CAPE MEDICAL PLAN.

7. GOVERNING LAW AND JURISDICTION

7.1
This user Agreement is governed by the laws of the Republic of South Africa.

8. GENERAL

8.1
No indulgence, extension of time, relaxation or latitude which CAPE MEDICAL PLAN may show grant or allow to the user shall constitute a waiver by CAPE MEDICAL PLAN of any of its rights and it shall not thereby be prejudiced or estopped from exercising any of its rights against the user which may have arisen in the past or which might arise in the future.

8.2
These conditions contain the whole basis for use by the user.