Terms and Conditions

Last updated: 27 September 2022

Disclaimer

  • Any reliance the user places on any information on the App is strictly at their own risk. Kheth’Impilo does not accept any responsibility for any loss whatsoever which may arise from reliance on information or materials published on the App.
  • It is entirely the user’s responsibility to seek medical advice on the information provided in the App. Nothing in the App should be construed as constituting medical advice or creating a doctor-patient relationship of any kind.
  • The use of the App should not replace any formal medical advice or the services of a doctor or healthcare worker or medical professional.
  • All content provided in the App is for informational, educational and assistive purposes only, and is not a substitute for the professional judgement of healthcare professionals diagnosing and treating patients. Kheth’Impilo does not provide medical advice or medical or diagnostic services through the App.
  • Kheth’Impilo may temporarily suspend the App for any reason, including repairs or upgrades to the App or other systems.

App content

  • The App is intended for use by health professionals, compiled from information available to Kheth’Impilo. Although great care and effort has been taken to include all the clinically relevant information, this App may not be exhaustive or accurate. Kheth’Impilo does not accept any responsibility for errors or omissions in content of this App. Users are referred to other reference sources and articles for further information and are required to exercise their own professional judgement in confirming and interpreting the findings presented in the App.
  • The App and its content are based on the HIV treatment guidelines developed by the National Department of Health, the National Consolidated Guidelines for the management of HIV in adults, adolescents and children and prevention of mother-to- child transmission, as updated and amended from time to time and other references available to Kheth’Impilo.
  • All information provided on the App is provided and may be used for informational purposes only. Users should therefore not rely upon it when making any decisions or when giving any advice. The information provided through the App does not replace the services or advice of a medical practitioner. Healthcare providers are encouraged to consult other sources and confirm the information provided in the App.

Internet and data fees

  • Users are responsible for ensuring an internet connection in order to access and use the App. All fees in this regard are for the user’s own account, and users accept any liability for any data charges that they may incur by accessing the App.
  • The App may update in the background when users are not actively using it. By using this App, users acknowledge that they may incur additional data charges and agree to manage their device settings accordingly.

Acceptable use policy

  • Some devices may not support the use of this App. It is the user’s responsibility to keep their device(s) updated and/or in a condition for them to support the use of this App, including internet access capabilities.
  • The use of this App may be restricted to certain geographical areas. It is the user’s responsibility to determine whether their location is supported by the App before relying on them. Kheth’Impilo will not be liable for any loss that user’s may incur or for user’s not being able to use the App because of the App not being supported in the user’s location.
  • Users must respect the App and Kheth’Impilo’s intellectual property and use it only as Kheth’Impilo Aids Free Living intend it to be used. Any other use by the user of the App which violates this undertaking can result in Kheth’Impilo terminating use of the App. Violation of users’ undertaking to use the App includes:

□ copying or distributing any of the content on this App without Kheth’Impilo’s explicit consent to do so other than through the use of the sharing functionality as provided for in the App;

□ changing, modifying, copying, decompiling, circumventing, disabling, or tampering with the App, including the security features or reverse engineering the App;

□ infecting the App with any software, malware or code that may infect, damage, delay or impede the operation of the App or which may intercept, alter or interfere with any data generated by or received through the App;

□ using malicious search technology, including, but not limited to, spiders and crawlers;

□ deep linking to any pages of the App or engaging in any other conduct in a way to suggest that the user is the owner of any intellectual property in the App;

□ using any language that is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, and/or invasive of a person's privacy when contacting us.

Third party sites

  • Kheth’Impilo may provide certain hyperlinks to third party websites or apps only for the user’s convenience, and the inclusion of any hyperlinks or any advertisement of any third party on this App does not imply endorsement by Kheth’Impilo of their websites or apps, their products, business or security practices or any association with its operators.
  • If users access and use any third-party websites, apps, products, services, and/or business, they do that solely at their own risk.

Limited liabilities

  • Kheth’impilo will not be liable for any loss, injury, costs or liability arising from use of the App or any reliance on the information presented on the App, including but not limited to:

□ user reliance on any information or medical content available on the App;

□ any interruption, malfunction, downtime, off-line situation or other failure of the App, system, databases or any of its components;

□ any loss or damage regarding the user’s data or other data directly or indirectly caused by malfunction of the App; and

□ any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the App, or third-party systems or programming defects.

  • Kheth’Impilo will not be liable if any material available for downloading from the App is not free from infection, viruses and/or other code that has contaminating or destructive properties;
  • In the instance that the App includes any inaccuracies, Kheth’Impilo cannot be held liable for information that is genuinely (and/or negligently) erroneous;
  • Kheth’Impilo’s limited liability applies to all and any kind of loss which Kheth’Impilo can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which the user may suffer.

Intellectual property

  • All information provided on the App is the intellectual property of Kheth’Impilo and/or the licensed owners of such information, and use of such information, is subject to these terms and applicable laws. All content provided in the App is provided by Kheth’Impilo and includes copyrighted works proprietary to Kheth’Impilo. Users may download and share the content provided in the App, provided that the content is not changed in any way and Kheth’Impilo is appropriately referenced. The content in the App may not be used for any commercial purposes whatsoever.
  • Users acknowledge and agree that all right, title and interest in, and to, any of Kheth’Impilo’s intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Services including, without limitation, any graphics, logos, designs, text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to Kheth’Impilo or the respective owner(s)’ property and will remain their or the owner's property at all times.

Legal disclosure

App owner: Kheth’Impilo

Legal status: Kheth’Impilo is an association registered under the Non-Profit Organisation Act of 1997 (070-577-NPO).

Description of main business of Kheth’Impilo: Kheth'Impilo is a leader in public health and social services innovation working towards mitigating the social and health impacts of the triple disease pandemic impacting on disadvantaged South Africans.

Email address: info@khethimpilo.org

Website address: https://www.khethimpilo.org/

Physical address: Uitvlugt, 20 Howard Drive, Pinelands, Cape Town, 7405