Legal Statements

Our Legal Statements and Disclaimers (i.e. the Fine Print)

Website Terms and Conditions of Use

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

Permission to use website

Unless otherwise stated, Beehive Online Solutions (Pty) Ltd. (Beehive Online Solutions / Beehive) and/or its licensors own the intellectual property rights in the website and material on the website and all intellectual property rights are reserved. Subject to the restrictions set out below and elsewhere in these terms and conditions you may view, download for caching purposes only, and print pages or other content from this website for your own personal use only. You may not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organization or for personal use as the case may be.

Acceptable use

You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software. You may not conduct any systematic or automated data collection activities, including without limitation, scraping, data mining, data extraction and data harvesting on or in relation to this website without Beehive’s prior express written consent. You may not use this website to transmit or send unsolicited commercial communications. You may not use this website for any purposes related to marketing without Beehive’s prior express written consent.

Restricted access

Access to certain areas of this website is restricted and Beehive reserves the right to restrict access to other areas of this website, or indeed this entire website, at its sole discretion. In the event that Beehive provides you with a User ID and Password to enable you to access restricted areas of this website or other content or services, you must take all reasonable measures to ensure that the User ID and Password are kept and remain confidential. If, for any reason, you believe or suspect that your User ID and or Password is no longer secure or confidential or compromised in any way whatsoever you must notify Beehive immediately. Beehive may disable your User ID and password in its sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material, including without limitation text, images, audio material, video material and audio-visual material, that you submit to this website for whatever purpose. By submitting such material to this website you grant to Beehive a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Beehive the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content may not be illegal or unlawful, may not infringe any third party’s legal rights, and may not be capable of giving rise to legal action whether against you or Beehive or a third party under any applicable law. In the event that you do submit content that is illegal, unlawful or infringing on a third party’s legal rights, whether by design or by accident, Beehive shall be indemnified by you from any action that may result from your submission of such content and you shall be solely liable for the consequences of such a submission. You may not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Beehive reserves the right to edit or remove any material submitted to this website, or stored on Beehive’s servers, or hosted or published on this website. Notwithstanding Beehive’s rights under these terms and conditions in relation to user content, Beehive does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

User information

In the event that a service or services on this website require you to disclose or provide personal information to use such service or services it is understood and agreed that such disclosed information:

  • is warranted by you to be true and correct;
  • will be used for the purpose for which it is intended only; and
  • will be kept in strict confidence and will not be disclosed to or shared with any other entity except when required by law to do so in which event you will be notified of the fact that disclosure of such information is required by law.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Beehive makes no representations or warranties in relation to this website or the information, materials and services provided on this website. Without prejudice to the generality of the foregoing paragraph, Beehive does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading; or
  • the services provided on this website are fit for any purpose other than what is intended by such services

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or estate planning matter you should consult an appropriate professional.

Limitations of liability

Beehive will not be liable to you whether under the law of contact, the law of delict or otherwise in relation to the services and or contents of, or use of, or otherwise in connection with, this website for any:

  • direct loss;
  • indirect, special or consequential loss; or
  • business losses including without limitation loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss of or corruption of information or data.

By using this website, you agree that the above limitations of liability are reasonable. If you do not think they are reasonable, you must not use this website.

Indemnity

You hereby indemnify Beehive and undertake to keep Beehive indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Beehive to a third party in settlement of a claim or dispute on the advice of Beehive’s legal advisers) incurred or suffered by Beehive arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

In the event that you breach these terms and conditions in any way then Beehive may, without prejudice to its other rights under these terms and conditions, take such action as it deems appropriate to deal with the breach, including, without limitation, suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Beehive may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. It remains your responsibility to check this page regularly to ensure that you comply with the current version of these terms and conditions.

Assignment

Beehive may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted such part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Beehive in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the Republic of South Africa.

Registrations and contacts

Beehive Online Solutions (Pty) Ltd is registered in South Africa under registration number 2007/035048/07. Beehive Online Solutions (Pty) Ltd’s registered address is Suite 8, 1st Floor, Morning Glen Office Park, Gallo Manor 2191, Gauteng, South Africa. You can contact Beehive by email at info@beehiveconsulting.co.za or by phone at 087 135 4103.

Website Privacy Statement

Your privacy is important to Beehive Online Solutions. This privacy statement provides information about the personal information that Beehive collects, and the ways in which Beehive uses that personal information.

Statistical information collection

Beehive may collect and use the following kinds of statistical information which information may include some personal information:

  • information about your use of this website;
  • information that you provide for the purpose of registering with Beehive
  • information about transactions carried out over this website
  • information that you provide for the purpose of subscribing to the website services
  • any other information that you send to Beehive

Using statistical information

Beehive may use the above statistical information to:

  • administer this website;
  • personalize the website for you;
  • enable your access to and use of the website services;
  • send to you products that you purchase;
  • supply to you services that you purchase;
  • send to you statements and invoices;
  • collect authorised payments from you; and
  • at your optional election, send you marketing communications

Personal information

In the event that a service or services on this website require you to disclose or provide personal information to use such service or services it is understood and agreed that such disclosed information:

  • Is warranted by you to be true and correct;
  • Will be used for the purpose for which it is intended only; and
  • Will be kept in strict confidence and will not be disclosed to or shared with any other entity except (i) authorised agents and or sub-contractors of Beehive who need to have access to such information in order to render the relevant service or services in which event Beehive will use all reasonable means to procure that such agents or sub-contractors keep the disclosed personal information confidential and use the disclosed information for the purpose for which it was intended only; or (ii) when required by law to do so in which event you will be notified of the fact that disclosure of such information is required by law.

Securing your data

Beehive will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your statistical and personal information. Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that Beehive collects may be stored and processed in and transferred between any of the countries in which Beehive operates to enable the use of the information in accordance with this privacy policy. In addition, information that you submit specifically for publication on the website will be published on the internet and may be available around the world. You agree to such cross-border transfers of personal and statistical information.

Updating this statement

Beehive may update this privacy policy by posting a new version on this website. It remains your responsibility to ensure that you are aware of the content and effect of any changes to this privacy policy.

Other websites

This website contains links to other websites. Beehive is not responsible for the privacy policies or practices of any third party.

Beehive Contact details

If you have any questions about this privacy policy or Beehive treatment of your personal information, please write:

The Consumer Protection Act of South Africa

This Act has been brought into law to promote and advance the social and economic welfare of all consumers and seeks to:

  • Establish a legal framework for a fair, accessible, efficient, sustainable and responsible consumer market.
  • Reduce the disadvantages of accessing goods and services when the consumer is a person in a weaker bargaining position, e.g. low income persons or communities, rural communities, the disabled, illiterate, elderly or young.
  • Promote fair business practices.
  • Protect consumers against unfair, unreasonable, unjust or improper trade practices.
  • Protect consumers against deceptive, misleading, unfair or fraudulent conduct.
  • Improve consumer awareness and information and encourage responsible and informed consumer choice and behaviour.
  • Promote consumer confidence, empowerment and the development of a culture of consumer responsibility.
  • Provide a system for consensual (rather than adversarial) resolution of disputes arising from consumer transactions.
  • Provide an accessible, consistent, harmonized, effective and efficient system of redress for consumers.

Pros and cons of this new South African consumer law

It is generally accepted worldwide that consumers, especially those on the lower rungs of the economic ladder, need some form of protection from unscrupulous suppliers and trade practices. It would be great if the market could regulate itself but unfortunately this does not happen. SA has in the past introduced various laws relating to consumer protection. But these laws are applied in a haphazard manner either through a largely toothless enforcement agency or via expensive court machinery.The Consumer Protection Act introduces a single consumer protection law (with certain financial services excluded) and it is to be welcomed for this. Whether it will achieve its objectives remains to be seen. The long-term effects on business, especially SME’s, and consumers can only be measured once the new law has been implemented (which will be staggered over an 18 month period). The forthcoming Guide to the Consumer Protection Act will address concerns that businesspeople share throughout South Africa. It will deal with each area of the Act and provide business focused advice on how to prepare for the effects of this new legislation and leverage it towards commercial advantage.

Where to Complain

The Consumer Protection Act aims to promote consumer activism, by making provision for the accreditation of consumer groups tasked with lodging complaints on behalf of consumers, as well as making available support for activities, such as consumer advice, education, publications, research and alternative dispute resolution through mediation or conciliation.

As such, the Act gives rise to the establishment of the National Consumer Commission, a body assigned to investigate consumer complaints , as well as the National Consumer Tribunal, the latter of which was created by the National Credit Act in September 2006, and is responsible for the adjudication of violations and transgressions of the National Credit Act and the Consumer Protection Act.

Consumer Help Line

DTI Customer Contact Centre: 0861 843 384
DTI Office of Consumer Protection (OCP): 012 394 1436/1558/1076
Email: contactus@thedti.gov.za
DTI Website: www.thedti.gov.za
National Consumer Tribunal (NCT): 012 663 5615
NCT Email: registry@thenct.org.za
NCT Website: www.thenct.org.za

Other Useful Contact Details in the Consumer Realm

Consumer Commission

Tel: 0861 843 384

Public Protector

Tel: 012 366 7000
Fax: 012 262 3473
Toll free: 0800 112 040

Department of Trade and Industry (DTI)

Tel: 012 394 9500
Call share: 0861 843 384

Tribunal

Tel: 012 663 5615
Fax: 012 663 5693

Provincial Consumer Protection Offices

GAUTENG
Tel: 011 355 8006
Fax: 011 355 8019

WESTERN CAPE
Tel: 0800 007 081
Fax: 021 483 5872

EASTERN CAPE
Tel: 040 609 3050
Fax: 040 609 3201

FREE STATE
Tel: 051 400 4852
Fax: 051 400 9610

KWAZULU NATAL
Tel: 031 310 5300
Fax: 031 310 5416

LIMPOPO
Tel: 015 293 8300
Fax: 015 291 1336

NORTH WEST
Tel: 018 387 7872
Fax: 018 392 5660

NORTHERN CAPE
Tel: 053 839 4000
Fax: 053 831 3669

Should you feel the need to complain about Healthwise, kindly place your complaint in writing and send it to info@healthwise.co.za where our experienced team will address you complaint or enquiry without delay. Or contact us by phone on 087 135 4104.