- “Content,” means merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
- “Health Care Provider(s)” means health care provider(s) who provide educational consultation services (not medical services) to customers through the HelloMD Sites.
- “HelloMD(SA)“ means HMDSA (Pty) Ltd. (“HelloMD(SA)”) as well as Ondello, Inc (including any holding companies, subsidiaries, affiliates and assigns). We also refer to HelloMD(SA) as “we,” “us” and “our.”
- “HelloMD Entities,” means HelloMD(SA) and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
- “HelloMD Sites,” means www.hellomd.co.za, any HelloMD Apps, and all related functionality, services, and Content offered by or for HelloMD(SA) on or through www.hellomd.co.za and the HelloMD Apps or the systems, servers, and networks used to make the HelloMD Sites available.
- “HelloMD Apps,” means the official “HelloMD App” for iPhone and Android, as may become available for download at a later date from the iTunes App Store or the Google Play Store.
- “Ideas,” means ideas, concepts, feedback, and know-how that you make available in connection with the HelloMD Sites.
- “Intellectual Property” means copyrights, trademarks, trade dress, patent, copyright, know-how, trademark, or trade secret of HelloMD(SA) or its partners.
- “make available,” means post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the HelloMD(SA) Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the HelloMD(SA) Sites through the tools offered by such social media platforms).
- “Materials,” means Content that HelloMD Entities make available on or through the HelloMD Sites.
- “Product(s)” means cannabis-containing or cannabis-derived product(s).
- “you” or “your” means any user of any HelloMD Site.
2. What We Do
3. Registration/User Names
4. HelloMD(SA) Monitoring of Site
5. Your Use of the Sites
You certify to HelloMD(SA) that the Content you provide on or through any of the HelloMD Sites is accurate and that the information you provide on or through the HelloMD Sites is complete. Specifically, if you register with HelloMD(SA) you certify that you are at least 18 years of age. You are responsible for maintaining the confidentiality and security of your account including username & password.
HelloMD(SA) is not responsible for any losses arising out of the unauthorized use of your account. You agree that HelloMD(SA) does not have any responsibility if you lose or share access to your device.
Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the HelloMD Sites or any portion of the HelloMD Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the HelloMD Sites or any portion of the HelloMD Sites.
In connection with the HelloMD Sites, you will not:
- Ask Health Care Providers for diagnosis, treatment, or other advice specific to your personal health and well-being.
- Make available any Content through or in connection with the HelloMD Sites that is or may be in violation of the content guidelines set forth below.
- Make available through or in connection with the HelloMD Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the HelloMD Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the HelloMD Sites.
- Interfere with or disrupt the operation of the HelloMD Sites or the systems, servers, or networks used to make the HelloMD Sites available, including by hacking or defacing any portion of the HelloMD Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the HelloMD Sites.
- Reverse engineer, decompile, or disassemble any portion of the HelloMD Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the HelloMD Sites.
- Frame or mirror any portion of the HelloMD Sites, or otherwise incorporate any portion of the HelloMD Sites into any product or service, unless you obtain HelloMD(SA)’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the HelloMD Sites, without HelloMD(SA)’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the HelloMD Sites or HelloMD(SA)’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a HelloMD(SA) trademark, logo, URL, or product name without HelloMD(SA)’s written consent; or
6. Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the HelloMD Sites, and HelloMD(SA) reserves the right to change the access configuration of the HelloMD Sites at any time without prior notice.
8. User Contributions
9. Prohibited Content
You agree that you will not make available Content in connection with the HelloMD Sites that: (a) is false, fraudulent, inaccurate, or misleading; (b) is intended to cause harm, damage, disable, or otherwise interfere with the HelloMD Sites (c) violates any local, state, federal, or international laws or is otherwise tortious; (d) is protected by or would infringe on the rights of others (including HelloMD(SA)), including any Intellectual Property, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; (e) is obscene, indecent, pornographic, or otherwise objectionable or is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HelloMD(SA) in its sole discretion; (f) victimizes, harasses, degrades, or intimidates or is violent or threatening; (g) promotes violence against, or actions that are threatening to, any individual or group, including without limiting the foregoing, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (i) contains advertisements, solicitations, or spam links to other web sites or individuals; (j) impersonates another business, person, or entity, including HelloMD(SA), its related entities, employees, and agents; (k) violates any policy posted on the HelloMD Sites; or (l) contains your full name(s), or any other confidential personally identifiable information of yourself or others. Without limiting the above, you hereby agree that you will not make unsubstantiated “Health Claims” or “Qualified Health Claims” as defined by SAHPRA. You hereby agree and consent that HelloMD(SA) may remove any Content that HelloMD(SA), in its sole discretion, determines to be in violation of this prohibition.
10. Reporting & Reviewing Prohibited Content
11. Ownership of Information Submitted via the Site
Except as prohibited by law, any information you transmit to HelloMD(SA) via the HelloMD Sites, whether by direct entry, submission, email or otherwise, including data, questions, comments, or suggestions, will be treated as non-proprietary and will become the property of HelloMD(SA).
12. Information and Materials
HelloMD(SA) and its suppliers and licensors may make available to users various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision and if such decisions are related to your health you should consult your doctor. The HelloMD Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.
HelloMD(SA) assumes no responsibility for the improper use of, and self-diagnosis, and/or treatment using any products or services made available through the HelloMD Sites. Any products shown on our sites should not be confused with prescription medicine. Any products and services made available through the HelloMD Sites should not be used as a substitute for medical services or medically supervised therapy. If you suspect you suffer from clinical deficiencies, consult a licensed, qualified medical doctor.
It is important that you understand why no claims can be made about the products you order through the HelloMD(SA) marketplace and that we cannot suggest the use of any product that will effect a cure or affect a symptom/ailment. Before starting any product for illness, it is always wise to check with a medical doctor. It is especially important for people who are: pregnant or breast feeding, chronically ill, elderly, under 18, and currently taking prescription or over-the-counter medicines. None of the products or information available to the public on the Sites are intended to be a treatment protocol for any disease state, but rather are offered to provide information and choices regarding nutritional support for various health concerns. None of the information presented is intended to be an enticement to purchase and should not be construed as medical advice or instruction.
No action should be taken solely on information contained on or provided through the HelloMD Sites, regardless of perceived scientific merit. Instead, readers should consult healthcare professionals on any matter related to their health. The information obtained from referenced materials shown on the HelloMD Sites is believed to be accurate, as presented by their respective authors. HelloMD(SA) assumes no liability for any personal interpretation. Users who fail to consult their physicians prior to the purchase and subsequent use of any product made available through the HelloMD Sites assume the risk of any adverse effects.
The use of any nutritional supplement or product for any reason is neither implied nor advocated by HelloMD(SA).
For any suspected or known illness or health concern, always consult with your physician or health care provider prior to the purchase or use of any nutritional product. HelloMD(SA) has attempted to present information from literature, books, and other references, as well as information about products as accurately as possible, but you should be aware that generally SAHPRA has not approved or evaluated the information contained in that literature or on the HelloMD Sites or discussed during educational consultations. Any literature reference or direct link to a specific product is for your information or convenience only, and should not be construed as an enticement to purchase, and further is not intended or implied to be used in the mitigation, diagnosis, treatment, cure, or prevention of any disease or illness.
Information on the HelloMD Sites is provided for informational purposes only and is not meant as a substitute for the advice provided by your own physician or other trained medical professionals. The results reported on the HelloMD Sites and discussed during educational consultations may not necessarily occur in all individuals.
THE HELLOMD ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS AND OTHER INFORMATION PROVIDED THROUGH THE HELLOMD SITES.
13. Third Party Products
14. Links to and from Third-Party Sites and Social Media
- Link from your own or certain third-party websites to certain content on the HelloMD Sites
- Send emails or other communications with certain content, or links to certain content, on this HelloMD Sites.
- Cause limited portions of content on the HelloMD Sites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
15. Credit Transactions
As part of the services on the HelloMD Sites, HelloMD(SA) facilitates your payment for services and products. The only accepted form of payment on the Site is by certain major credit cards; cash will not be accepted unless cash on delivery is required in connection with your purchase of Products. When you pay by credit card, you hereby authorize HelloMD(SA) to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or HelloMD(SA) is otherwise unable to debit the applicable amounts from your credit card, HelloMD(SA) shall provide notice to you, whereupon you shall immediately furnish HelloMD(SA) with a valid credit card for payment. Your request for services through the HelloMD Sites will not be fulfilled until full payment has been received and/or verified.
HelloMD(SA) is a marketplace where consumers and retailers connect for the purchase of goods. HelloMD(SA) is not responsible and makes no representations regarding the delivery of purchased goods from Third Party Retailers. Once the order is processed and directed to the Third Party Retailer, HelloMD(SA) takes no responsibility and makes no representation regarding the reliability or timeliness of the delivery service.
Products will be delivered to an address designated by you, if applicable, so long as such address is complete and complies with the delivery restrictions contained on the HelloMD Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the delivery party carrier.
Delivery of Products will only be made where legal. Estimated delivery times are determined based on the destination of the Products.
If you have a concern regarding the delivery of a product ordered on our website please contact our customer service department.
17. Third-Party Interactions
18. No HelloMD(SA) Editorial Control of Third-Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the HelloMD Sites is provided by third-party content providers, health care providers, or other HelloMD Site users, HelloMD(SA) has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party professionals, third-party suppliers or users on the HelloMD Sites are those of such professional, third-party suppliers or users, respectively. HelloMD(SA) does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the HelloMD Sites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with HelloMD(SA).
19. Health Care Providers
20. Intellectual Property
You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of HelloMD(SA) without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
With the exception of the limited rights described above, no license, right, title, or interest in the HelloMD Sites or any Materials is transferred to you as a result of your use of the HelloMD Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the HelloMD Sites. The HelloMD Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the HelloMD Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the HelloMD Sites and Materials is the exclusive property of HelloMD(SA) and is also protected by South African and international copyright laws.
HELLOMD, names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the HelloMD Sites are trademarks or trade dress of HelloMD(SA) in the U.S., Republic of South Africa and other countries. All other marks are the property of their respective companies.
21. Notice and Procedure for Making Claims of Intellectual Property Infringement
HelloMD(SA) respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and HelloMD(SA) asks our users to do the same. HelloMD(SA) therefore employs measures to prevent copyright and other intellectual property infringement on the HelloMD Sites.
23. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, HELLOMD(SA) WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HELLOMD SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A HELLOMD ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO HELLOMD ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE HELLOMD SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO HELLOMD ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE HELLOMD SITES.
25. Arbitration/ Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the HelloMD Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and HelloMD(SA) will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.