The Soma Initiative
 
WEBSITE TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE SOMA WEBSITE OR ANY PART THEREOF IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE SOMA WEBSITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
(a) "Soma" means Soma Initiative (Pty) Ltd, a company duly incorporated in accordance with the Companies Act 2008, as amended;
(b) "Soma website" means the Soma website located at www.soma-i.co.za and includes any part or element thereof;
(c) "User" means any person who enters or uses the Soma website, notwithstanding the fact that such a person only visited the home page of the Soma website;
(d) References herein to the singular include the plural and vice versa; and
(e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.
1. GENERAL
Soma as a Health Risk Manager provides inter alia absentee management, disability and incapacity management and consulting, health risk underwriting, case management and related services to employers, employer organisations, and employee benefit funds.
2. ALLOWED USE AND LICENSE
2.1 Soma licenses the User to view, download and print the content of the Soma website, provided that such content is used for personal, educational and/or non-commercial purposes only
2.2 Content from the Soma website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Soma
2.3 Users may only access and use the Soma website for legal purposes
2.4 The caching of the Soma website shall only be allowed if:
2.4.1 : The purpose of the caching is to make the onward transmission of the content from the Soma website more efficient;
2.4.2 : The cached content is not modified in any manner whatsoever;
2.4.3 : The cached content is updated at least every 12 (twelve) hours; and
2.4.4 : The cached content is removed or updated when so required by Soma.
2.5 If any User uses content from the Soma website in breach of the provisions detailed herein:
2.5.1 : Soma reserves the right to claim damages from the User;
2.5.2 : Soma reserves the right to institute criminal proceedings against the User; and
2.5.3 : Soma shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the Soma website from any other source shall be directed at the home page of the Soma website. Soma shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Soma website, if such content was accessed through a hyperlink not directed at the home page of the Soma website. Persons that wish to link to content beyond the home page of the Soma website shall do so at their own risk and indemnify Soma against any loss, liability or damage that may result from the use of content from the Soma website, if such content was accessed through a hyperlink not directed at the home page of the Soma website;
2.7 No person may frame the Soma website, in any manner whatsoever, without the prior written consent of Soma;
2.8 Apart from bona fide search engine operators and use of the search facility provided on the Soma website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Soma website for any purposes, without the prior written consent of Soma; and
2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Soma at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the Soma website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Soma and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Soma website are expressly reserved.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Soma website and/or download content from this website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Soma website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Soma has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Soma Initiative (Pty) Ltd
5.2 Company Registration Number: 2000/025255/07
5.3 VAT registration number: 4790196556
5.4 Street address: Soma Terrace, Block E, Greenford Office Estate, Punters Way, Kenilworth, Cape Town 7708
5.5 Postal address: PO Box 2475 Clareinch 7740
5.6 Physical address for receipt of legal service: Soma Terrace, Block E, Greenford Office Estate, Punters Way, Kenilworth, Cape Town 7708
5.7 Telephone Number: +27 (0) 21 670 6920
5.8 Board of Directors:
Dr D C Baard
C D Shone (non-executive)
D Skwambane (non-executive)
5.9 Company Secretary: Dr D C Baard
5.10 Main business: Occupational absentee, incapacity and disability management;
5.11 The website address of the Soma website is: www.soma-i.co.za;
5.12 The official email address of the Soma website is: info@soma-i.co.za;
5.13 Membership of self-regulatory or accreditation bodies: N/A;
5.14 Codes of conduct to which Soma subscribes: Internal Code of Conduct;
5.15 Copies of the Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000:
5.16 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.16.1 : access to the Soma website;
5.16.2 : the inability to access the Soma website;
5.16.3 : the services and content available from the Soma website; or
5.16.4 : these terms and conditions,
Shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
5.17 The costs associated with the access and viewing of the Soma website are NIL, other than in respect of specific services provided through the Soma website requiring client login.
5.18 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website; and
5.19 Users may lodge complaints concerning the Soma website by contacting (021) 670 6920. Users hereby assign the copyright in such complaints to Soma and understand that Soma may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
6. DISCLOSURES REQUIRED BY SECTION 8 OF THE FAIS ACT
6.1 Soma is not an Authorised Financial Services Provider as defined in the Financial Advisory and Intermediary Services Act 37 of 2002; and
6.2 FAIS License number: N/A
7. CHANGES AND AMENDMENTS
Soma expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
7.1 Change these terms and conditions;
7.2 Change the content and/or services available from the Soma website;
7.3 Discontinue any aspect of the Soma website or service(s) available from the Soma website; and/or
7.4 Change the software and hardware required to access and use the Soma website.
8. PRIVACY
8.1 Soma shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);
8.2 Soma may electronically collect, store and use, amongst other, the following personal information of Users:
8.2.1 : Name and surname;
8.2.2 : Contact details;
8.2.3 : Non-personal browsing habits and click patterns;
8.2.4 : E-mail address; and
8.2.5 : IP address.
8.3 Soma collects, stores and uses the abovementioned information for the following purposes:
8.3.1 : communicate requested information to the User;
8.3.2 : newsletter database;
8.3.3 : registration and / or authentication of Users; and
8.3.4 : to compile non-personal statistical information about browsing habits, click-patterns and access to the Soma website;
8.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
8.5 Soma may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:
8.5.1 : Soma shall not disclose personal information from Users unless the User consents thereto;
8.5.2 : Soma shall disclose information without the User’s consent only through due legal process; and
8.5.3 : Soma may compile, use and share any information that does not relate to any specific individual; and
8.6 Soma owns and retains all rights to non-personal statistical information collected and compiled by Soma.
9. HYPERLINKS TO THIRD PARTY SITES
9.1 Soma may provide hyperlinks to websites not controlled by Soma (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
9.2 Soma does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
10. SECURITY
10.1 Soma shall take all reasonable steps to secure the content of the Soma website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Soma does not make any warranties or representations that content shall be 100% safe and secure;
10.2 Soma is under no legal duty to encrypt any content or communications from and to the Soma website and is also under no legal duty to provide digital authentication of any page on the Soma website;
10.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Soma website or the server and computer network that support the Soma website;
10.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Soma website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Soma harmless against any and all liability, damages and losses Soma and its partners / affiliates may suffer as a result of such damaging code;
10.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Soma website and Soma reserves the right to claim damages from any and all persons concerned with a security failure or breach; and
10.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Soma and its partners / affiliates.
11. DISCLAIMER AND LIMITATION OF LIABILITY
11.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Soma (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
11.1.1 : access to the Soma website;
11.1.2 : access to websites linked to the Soma website;
11.1.3 : inability to access the Soma website;
11.1.4 : inability to access websites linked to the Soma website;
11.1.5 : content available on the Soma website;
11.1.6 : services available from the Soma website;
11.1.7 : downloads and use of content from the Soma website; or
11.1.8 : any other reason not directly related to Soma’ gross negligence.
11.2 The Soma website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Soma, that the content available from and through the Soma website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;
11.3 The content and/or information contained on this website are provided for Users informational and educational convenience only;
11.4 Soma does not make any warranties or representations that content and services available from the Soma website will in all cases be true, correct or free from any errors. Soma shall take all reasonable steps to ensure the quality and accuracy of content available from the Soma website and encourage Users to report incorrect and untrue information subject to the right of Soma to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and
11.5 Soma does not make any warranties or representations that the Soma website shall be available at all times. Users acknowledge that the Soma website may be unavailable due to updates or other causes beyond the reasonable control of Soma, including, but not limited to virus infection, unauthorised access, power failure or other "acts of God."
12. REMOVAL AND CORRECTION OF CONTENT
12.1 Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Soma website to Soma and Soma undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
13. INTERCEPTION OF COMMUNICATIONS
13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Soma’ right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Soma website, its staff and employees; and
13.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
14. ENTIRE AGREEMENT AND SEVERABILITY
14.1 These terms and conditions constitute the entire agreement between Soma and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Soma from the User;
14.2 Any failure by Soma to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Soma agree that:
15.1 The User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Soma website for the first time;
15.2 Data messages (as defined in the ECT Act) addressed by the User to Soma shall only be deemed to have been received if and when responded to and an automated response is not a response for this purpose;
15.3 Data messages (as defined in the ECT Act) addressed to the User by Soma shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
15.4 Data messages (as defined in the ECT Act) addressed by the User to Soma shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
15.5 Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Soma; and
15.6 Any data messages that are sent to Soma from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally.
16. APPLICABLE AND GOVERNING LAW
Subject to clause 5.5, the Soma website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Soma website, its content, services and these terms and conditions.
17. LEGAL COSTS
Soma shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.