Welcome to the COCHASA website, which is owned and operated by the Confederation of Complementary Health Associations of South Africa (hereinafter referred to as COCHASA), PO Box 53430 Kenilworth 7745, South Africa and its affiliates (the ‘Website’).
The Website may include some or all of the following:
- A platform that allows end users to learn about COCHASA, engage with its community of Practitioners and book educational courses run by COCHASA and its community of trainers.
- End users may purchase and/or use digital content, stream pre-recorded audio and video content over the Internet for personal use or permitted use, as is appropriate for their User level.
- One or more Website where other online content (including content provided by COCHASA, website users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the ‘Services.’
- Acceptance of Terms and Agreement to Be Bound
The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Website, you agree to be bound by this Agreement, whether you are a ‘Visitor’(which means that you simply browse one or more of our Website) or you are a ‘Registered User’(which means that you have registered to use the Website and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Website and/or subscribe to the Services, and you are obliged to exit all of the Website and discontinue any and all use of the Website and the Services immediately.
We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Website. By accessing and/or using any of our Website after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Website and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Website and/or the Services will be subject to this Agreement.
- General Registration Requirements
Visitors are currently permitted to view only limited public portions of the Website prior to deciding whether to become a Registered User. Full access to the Website and the Services is available only to Registered Users and, if a membership is required, then only to Users who are also currently paid-up Members. If you wish to become a Registered User, you must register on our Website, you must complete the registration procedures displayed on the registration page(s) of the Website. Some aspects of the Website and the Services are available to all Registered Users, and some are available only to Users who have paid the required membership fee and/or other charges, all of which are posted at the Website.
- Age Requirements for Access and Use of the Website
By accessing and using the Website, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of The Republic of South Africa or other applicable jurisdiction. Registration, subscription, access to and use of the Website and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
- Requirements for Becoming a Registered User
By completing the registration procedures displayed on the registration page(s) of the Website, you acknowledge and agree that
- You are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the ‘Registration Data’).
- You are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete.
- If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Website and the Services (or any portion thereof).
- Member Account, Password and Security
As a Registered User, you are required to choose a password and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Website and the Services that occur under your password or account. You agree to:
- Ensure that you log out from your account at the end of each session.
- COCHASA will not be liable for any loss or damage arising from your failure to comply with this section.
- Preservation and Disclosure of Account Information and User Content
You acknowledge and agree that COCHASA may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- Comply with legal processes.
- Enforce this Agreement.
- Respond to claims that any Site Content violates the rights of third parties.
- Respond to your requests for client service.
- Protect the rights, property or personal safety of COCHASA, the other users of the Website and Services, and the public.
- Security Components
You acknowledge and agree that the Website and the Services, and the software embodied within the Website and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by COCHASA and/or content providers who provide content to COCHASA. You may not attempt to override or circumvent any such security components and usage rules embedded in the Website and the Services.
The content available on the Website and the Services generally consists of
- Content owned by COCHASA, including but not limited to the trademarks, trade dress and ‘look and feel’ of the Website and content created and/or acquired and owned by COCHASA (‘COCHASA Content’).
- Content owned by third parties and licensed to COCHASA for specified uses on the Website and the Services (‘Third-Party Content’).
- Content that may be posted and/or otherwise uploaded to the Website and/or the Services by you (‘User Content’).
- As between you and other Registered Users, however, the content posted by other Registered Users is considered to be ‘Third-Party Content.’
- All of the foregoing are collectively referred to as ’Site Content.’
- Ownership of Content
COCHASA does not claim ownership rights in any User Content that you post on the Website or otherwise make available through the Services. Subject to the non-exclusive license contained in Paragraph 13 below (‘License to Your Content’), as between COCHASA and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.
- License to Your Content
- Has no obligation to remove any such User Content.
- May choose whether or not to do so in its sole discretion
- Makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on COCHASA’s servers after the User Content appears to have been removed from the Website and/or the Services, and COCHASA retains all rights granted in this section to all such remaining copies.
You represent and warrant that:
- You own all right, title and interest in all User Content posted by you on or through our Website or the Services, or otherwise have the right to grant the license set forth in this section.
- The posting of your User Content on or through the Website and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
- Prohibited Conduct
The Website and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Website and/or the Service to post or other transmit User Content that:
- is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person; exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter; solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- violates any intellectual property or other proprietary rights of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of ‘junk mail,’ ‘chain letters,’ or unsolicited mass mailing, instant messaging, ‘spimming,’ or ‘spamming’;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights;
- contains a virus or other harmful component.
- Responsibility for User Content
You, and not COCHASA, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Website and/or the Services. COCHASA does not control the User Content posted via the Website and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Website and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will COCHASA be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website and/or the Services.
- Rejection and/or Removal of User Content
- Limited License
COCHASA hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the COCHASA Content and the Third-Party Content located on or available through our Website or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Website and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by COCHASA as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.
- Examples of Limitations on Use
Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as ‘Fair Use’ under the South African copyright and trademark law is permitted. In addition to the limitations set forth in Section 17 above (‘Limited License’), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Website and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of COCHASA. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by COCHASA from the Website and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Website and the Services.
- Health and Medical Concerns
Nothing on this Website or the Services or associated websites or services contained herein should be interpreted as a claim that the COCHASA-recognised range of services are concerned with diagnosis, cure, mitigation, treatment or prevention of any disease, illness or physiological or psychological process, or are intended to influence the structure or function of the physical body. End Users who have a health concern should consult a suitable health professional.
- Reservation of Rights
COCHASA Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. COCHASA and its third-party licensors own and retain their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
- Other Sites
- International Use
Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Website and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from South Africa or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
- Registered User Disputes
You are solely responsible for your interactions with other Registered Users. COCHASA reserves the right but has no obligation, to monitor disputes between you and other Registered Users.
- Term and Termination
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Website or until terminated by COCHASA or by you.
- COCHASA reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Website and Services at any time, with or without notice to you, with or without cause, and without liability to you.
- COCHASA shall have no liability to you or any third party because of such suspension or termination or related action for any reason.
- The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Paragraph 9 (‘Preservation and Disclosure of Account Information and User Content’), Paragraph 11 (‘Content’), Paragraph 12 (‘Ownership of Content’), Paragraph 13 (‘License to Your Content’), Paragraph 15 (‘Responsibility for Your User Content’), Paragraph 16 (‘Rejection and/or Removal of User Content’), Paragraph 19 (‘Health and Medical Concerns’), Paragraph 20 (‘Reservation of Rights’), Paragraph 21 (‘Other Sites’), Paragraph 22 (‘International Use’), Paragraph 23 (‘Registered User Disputes’), Paragraph 25 (‘Disclaimer of Warranties’), Paragraph 26 (‘Waiver of Claims’), Paragraph 27 (‘Limitation of Liability’), Paragraph 28 (‘Severability’), Paragraph 29 (‘Indemnity’), and Paragraph 32 through 38. Upon suspension or termination, COCHASA shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
- Disclaimer of Warranties
You acknowledge and agree that the Website and the Services are offered without warranties of any kind whatsoever by COCHASA and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.
- Your use of the Website and the Services is at your sole risk. The Website and the Services are provided on an ‘as is’ and ‘as available’ basis. COCHASA and its members, affiliates, successors and assignees, and their respective officers, members, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the ‘COCHASA-Related Parties’) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the Website, and any third party Website with which they are linked.
- The COCHASA-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Website and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Website and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Website and/or the Services. By way of example only, if you engage in a course or consultation that you receive or learn about through the Website and/or the Services, and/or if you use any product or service that you receive or learn about through the Website and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the COCHASA-Related Parties COCHASA from any and all claims or causes of action, known or unknown, arising out of the foregoing.
- The COCHASA-Related Parties make no warranty that the Website or the Services, the Site Content, and/or the information, products and services available through the Website or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Website or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
- You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the COCHASA-Related Parties make no warranties regarding the foregoing.
- Any material downloaded or otherwise obtained through the use of our Website or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
- Waiver of Claims
You hereby waive, release and discharge the COCHASA-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
- Limitation of Liability
To the fullest extent permitted by applicable laws, the COCHASA-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if any of the COCHASA-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the COCHASA-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to COCHASA for the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by COCHASA. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the intentions of the parties as reflected in the invalidated provision.
You agree to indemnify, defend, and hold harmless the COCHASA-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. COCHASA will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Additional Terms
We may also require you to follow additional rules, guidelines or other conditions (‘Additional Terms’) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Site Content through our Website, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online marketplace. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online marketplace, or otherwise engage in activities governed by such Additional Terms.
- Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or the Services.
- Entire Agreement
- Choice of Law and Forum
This Agreement and the relationship between you and COCHASA shall be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. You and COCHASA agree to submit to the personal and exclusive jurisdiction of the courts located in the Republic of South Africa.
- No Waiver
The failure of COCHASA to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
- Statute of Limitations
You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Relationship of the Parties
You and COCHASA acknowledge and agree that they are independent contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
- Binding on Successors
This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For the avoidance of doubt, you acknowledge and agree that COCHASA is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
- Notices and Questions