Terms & Conditions

 

1. INTRODUCTION

Thank you for visiting Dr Enrico F. Maraschin Inc..  

These Terms and Conditions govern the relationship between Dr Enrico F. Maraschin Inc. and user, concerning access to and use of the website. By visiting, signing up or logging in to the website, the user accepts and agrees to be bound by all of these Terms and Conditions. These Terms also cover any transactions where Dr Enrico F. Maraschin Inc. provides goods or services to the user.

If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and you must discontinue use immediately.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, all content including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website is our intellectual property, and all such rights are reserved. The trademarks, slogans, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. 

The content is provided on the website for your information and personal use only. Therefore, no content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

All violations of proprietary rights or these Terms will be prosecuted to the fullest extent permissible under South African law.

3. USER REPRESENTATIONS

By using the website, you represent and warrant that: 

3.1. all registration information you submit will be true, accurate, current, and complete; 

3.2. you will maintain the accuracy of such information and promptly update such registration information as necessary;

3.3. you have the legal capacity and you agree to comply with these Terms and Conditions; 

3.4. you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; 

3.5. you will not use the website for any illegal or unauthorized purpose; 

3.6. your use of the website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). 

4. USER REGISTRATION

You may be required to register on the website and thereby agree to keep your password confidential. You will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES & RESTRICTIONS

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. 

You are expressly and emphatically restricted from all of the following:

5.1. publishing our website material in any media;

5.2. selling, sublicensing, reproducing and/or otherwise commercializing our website material;

5.3. publicly showcasing our website material;

5.4. using this website in any way that is, or may be, damaging to the company;

5.5. using this website in any way that impacts user’s access to this website;

5.6. using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

5.7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website;

6. THIRD PARTY CONTENT

This website may include content from other sources in the form of audio, video, text, images or links to third party content. Despite the presence of a link to a third party website, or any reference to us on a linked website, we make no warranty or representation regarding, do not endorse, and/or are not in any way affiliated with and/or responsible for the linked website or any content that appears on it. If you visit any linked website, you do so at your own risk and it is your responsibility to review the terms of use of the relevant linked website.

7. SOCIAL MEDIA

As part of the functionality of the website, you may link your account with online accounts you have with third-party service providers by either: 

7.1. providing your Third-Party Account login information through the website; or 

7.2. allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. 

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. 

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to: 

8.1. monitor the website for violations of these Terms and Conditions; 

8.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; 

8.3. otherwise manage the website to protect our rights and property and to facilitate the proper functioning of the website.

9. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

10. MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the website without notice at any time. You are expected to review such Terms on a regular basis to ensure you understand all Terms and Conditions governing the use of this website.

11. WARRANTIES

The content on this website is provided “as is,” with all faults, and we make no warranty or representation, either expressed or implied, as to its use, availability, content accuracy, appropriateness or performance. Additionally, nothing contained on this website shall be construed as providing professional advice to you. 

12. LIMITATION OF LIABILITY

In no event shall the company, nor any of its directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise. The company, including its directors and employees, shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.

13. INDEMNIFICATION

You hereby indemnify Dr Enrico F. Maraschin Inc. to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable lawyers’ fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

14. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

15. GOVERNING LAW

The Republic of South African governs this Agreement. If a user accesses this website from locations outside of South Africa, that user is responsible for compliance with all local laws.

16. JURISDICTION

You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you in connection with these Terms, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to our right to institute any action in any other court having jurisdiction.

17. ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Dr Maraschin and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.