1 INTRODUCTION
1.1 The Company’s website available at https://asarihouseofhealing.com is made available by and owned by Deborah Karen Hewitt t/a Asari House of Healing (hereinafter referred to as “the Company”,
Website”, “we”, “our” or “us”). Any reference to “the Company”, “we”, “our” or “us” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners.
1.2 These General Terms and Conditions apply to the booking, sale, and rendering of goods and services, access to the information, and use of this Website by Customers (“you”/”your”).
1.3 By using this Website you agree to be bound by and agree to the General Terms and Conditions, which we may change without notice to you from time to time. Any such amendments shall come into effect immediately and automatically. You undertake to review these terms prior to using the services for any such changes and acknowledge that you are bound by the latest version of these terms as published on our website.
1.4 This Privacy statement and terms and conditions will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. If you do not agree to any of the provisions contained in these General Terms and Conditions you must immediately desist from using this Website. Your continued use of the Website will be construed as your consent to the amended General Terms and Conditions. As such your only remedy, should you not agree to such modifications, is to stop the use of the Website.
1.5 These General Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, 68 of 2008 (“the CPA”) may limit our risk or liability, create risk or liability for you as a consumer, may compel you to indemnify us and serves as an acknowledgement by you of any fact. These General Terms and Conditions also contain our Privacy Policy and contains provisions in terms of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) in terms of which you authorise the use of your Personal Information.
2 DEFINITIONS
2.1 “Accommodation” shall mean the accommodation offered by us and is subject to these terms and conditions and the Accommodation Agreement to be
entered into upon booking.
2.2 “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us.
2.3 “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours.
2.4 “Customer/Client” shall mean any person who purchases/books the Services on the Website.
2.5 “Facilities” means the facilities at which the Surgical Procedures will be conducted and includes, but is not limited to consultation rooms, clinics, hospitals and rehabilitation centres.
2.6 “Force Majeure” shall mean unforeseen events beyond the reasonable control of either party which shall include but not be limited to an act of God, acts of
terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labour strike or lock-out, civil commotion, pandemic, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe.
2.7 “Medical Provider” shall mean any doctor, surgeon, nurse, beauty practitioner, alternative treatment therapist, rehabilitative therapist and/or any other consultant who are to perform or has performed any of the Surgical Procedures.
2.8 “Party” or “Parties” shall mean the Company and/or the Customer as the context implies.
2.9 “Personal Information” shall mean the Personal Information as required from the Customer in order to purchase the services.
2.10 “Services” shall refer to the Services provided by us to the Customer as set out in Clause 4 below.
2.11 “Surgical Procedures” means the medical and/or other cosmetic and/or beauty related procedures, including rehabilitation listed on the Website.
2.12 “Terms” shall mean these General Terms and Conditions.
2.13 “Travel” means the travel, leisure, holiday and/or recuperation activities to be coupled with the Surgical Procedures, as listed on the Website;
2.14 “Travel Costs” means all costs involved with Travel and includes, but is not limited to, flights, car rental, shuttle services, credit card charges, subsistence and accommodation costs;
2.15 “Website Content” shall mean any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website and are protected by law, including but not limited to copyright and trade mark law.
2.16 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3 YOUR AGREEMENT TO THESE TERMS
3.1 Subject to, and on the basis of your acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern suchuse and access.
4 DESCRIPTION OF OUR SERVICES
4.1 The Company primarily provides transport, accommodation and meals to the Client before and after a Surgical Procedure.
4.2 The Company may provide additional services to the Client which will be indicated in the accommodation package as discussed and agreed on the “Booking Form.”
4.3 The Company will provide names and contact details of Medical Providers who may be able to assist the Client with their Surgical Procedure. This is on suggestion only, and the Company is not biased to the choice of the Medical Provider and will not be involved in the contractual relationship between the Client and the Medical Provider.
4.4 The Company is not a healthcare professional nor does it provide medical services, medical care or medical information of any kind.
4.5 The Company provides transport to and from the airport, transport to the Medical Provider for all consults and follow-ups and transport to and from the hospital on the day/days of the Surgical Procedure.
4.6 The Company may provide healthy meal options to aid the recovery of the Client.
4.7 The Company may arrange and coordinate additional excursions and entertainment as per the Clients request before and after their Surgical Procedure.
5 USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS
5.1 The Company is active on Facebook, Instagram, YouTube and other socialmedia platforms from time to time (“Social Media Platforms”).
5.2 You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
5.3 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
5.3.1 any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
5.3.2 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
5.3.3 any content that constitutes an invasion of privacy; or
5.3.4 any content that is an infringement of any intellectual property right; or
5.3.5 any content that contains software viruses; or
5.3.6 any content that constitutes a political statement, commercial solicitation, or “Spam”.
5.4 Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of Clause 5 or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content, or should you breach any clause of these Terms, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
5.5 The following activities on or through the Website and Social Media Platforms are expressly prohibited:
5.5.1 any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of the Company; and
5.5.2 the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
5.5.3 any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms;
5.5.4 any attempt to gain unauthorised access to the Website or its related systems or networks;
5.5.5 accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose.
5.6 Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly Services pricing and promotional content.
5.7 Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
6 BOOKING OF SERVICES
6.1 On completion of the Enquiry Form, we will contact you via email to set up a skype or zoom meeting to discuss your needs and dates. We will then provide contact details of two suitable Medical Providers who may be able to perform your Surgical Procedure. You will need to contact these Medical Providers yourself at your own cost to discuss your required Surgical Procedure. The Medical Providers will be informed that you will contact them. Your choice of Medical Provider should be based on your expectations on cost, results and recovery together with consultation with your doctor at home. Should you not
wish to proceed with either Medical Provider we will do our best to find you an alternative. This service is free of charge, should you use our services the cost of the first consultation with the chosen Medical Provider will be refunded to you by way of deduction from your final invoice. The Company is not involved in anyway with your choice of Medical Provider nor your medical condition – all details, medical and personal will be between you and the Medical Provider.
6.2 Once you have been approved for your requested Surgical Procedure we will liaise between you and the Medical Provider to coordinate your appointments with your accommodation dates which will be sent to you via the Booking Form.
6.3 Once all dates and appointments are confirmed, the Booking Form will be emailed to you for completion. On completion and acceptance of the Booking Form, a 50% deposit will be paid by electronic fund transfer (EFT) into the specified bank account.
6.4 All travel arrangements and costs in and out of South Africa should be arranged and paid for by the Client. If needed, we can connect you to a reputable Travel Agent to assist.
6.5 Should the Client wish to use their own Medical Provider, the Company gives permission for their details to be shared with such and to work with the Medical Provider provided that they are within a reasonable travelling distance from the Company.
7 PAYMENT AND CANCELLATIONS
7.1 All costs on the website are an estimate only. The Booking Form sent to you will include a detailed breakdown of all costs and services.
7.2 The deposit will be 50% of the total quoted on the Booking Form which must be paid via EFT into our designated bank account, the details of which will be provided to you upon booking our Services.
7.3 Bookings will only be confirmed once payment has been received into our banking account.
7.4 Cancellations before 21 working days of arrival will be refunded the full deposit. Cancellations after this will forfeit 50% of the deposit amount. If less than 7 working days’ notice 100% of the deposit will be forfeited.
7.5 The quotation on the Booking Form is for the accommodation of the Client only. Should the Client bring any accompanying person/persons or have another person staying at the accommodation, this will be on the terms and extra costs specified on the Booking Form.
7.6 The Company will not be liable for any quotations or costs related to the Surgical Procedure nor any alternative or rehabilitative treatment costs thereafter. All additional costs are to be settled directly with the Medical Provider according to their own terms and conditions unless otherwise specified on your Booking Form.
7.7 The Company is not liable for any nursing, nursing aide or extra care costs unless otherwise specified on the Booking Form.
7.8 Day trips, entertainment and excursions by third parties which are not included on the Booking Form are at an extra cost and to be settled with the third party directly.
7.9 No monies will be refunded once the Client has arrived should the Surgical Procedure not proceed for whatever reason or should the Client decide to go home earlier than agreed. Should the Client need to extend their stay because of medical complications or personal reasons the Client will be liable for payment of those extra days for the same rate quoted on the Booking Form. Should the Company have another booking falling onto those days the Client will be moved to alternative accommodation for the same rate. This rate should be paid on a weekly basis up front.
7.10 The Client is responsible for any additional insurance, travel or medical (in the event of complications from their Surgical Procedure) that they may require.
8 ERRORS
8.1 We shall take all reasonable efforts to accurately reflect the description, availability and price of Services on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any price – to the extent of refunding you for any amount already paid, or otherwise as set out in clause 10. Note that all photographs displayed on the website are for advertising purposes only and do not necessarily reflect an accurate depiction of the colour
of the Service purchased.
8.2 The Company shall not be bound by any incorrect information regarding our Services displayed on any third party websites.
9 LIMITATION OF LIABILITY
Use of Website
9.1 Whilst every attempt is taken by us to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any Services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
9.2 We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
9.3 While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
9.4 While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
9.5 You hereby agree, to as far as the law allows, to indemnify us against any loss, claim or damage suffered, or liability sustained by you or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.
9.6 We shall not be liable to you in contract, delict (including for negligence) or otherwise:
9.6.1 for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this agreement; or
9.6.2 for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or an wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
9.6.3 for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of
third party suppliers to comply with their obligations to us; fire; flood or storm).
Travel
9.7 We accept no liability for any damage, loss or liability of any nature, howsoever caused, relating to Travel, including without limitation due to:
9.7.1 any flights or other transport being delayed or cancelled;
9.7.2 luggage being damaged, stolen or lost; or
9.7.3 bad weather.
Surgical Procedures
9.8 We have no financial affiliation to any doctors and the doctors we will connect you with are on our recommendation only – the final choice is yours based on your communication with them, their cost, surgery technique and your estimated recovery time.
9.9 We accept no liability for any damage, loss or liability of any nature, howsoever caused relating the Surgical Procedures, including without limitation due to:
9.9.1 the Surgical Procedure not taking place due to any reasons whatsoever, including without limitation delays caused by Travel or your health;
9.9.2 any injuries you might suffer prior to the Surgical Procedure or any condition(s) rendering you unfit for the Surgical Procedure which at any stage leads to the cancellation thereof;
9.9.3 the supply of false, incomplete or insufficient information by you;
9.9.4 the doctor’s refusal or inability to perform the Surgical Procedure at the conclusion of your final consultation, for any reason whatsoever;
9.9.5 any negligence, gross negligence, misconduct or omissions by us or on behalf of the Facilities, its staff, the doctor or any other persons involved with the Surgical Procedure;
9.9.6 Your choices regarding the Surgical Procedure and additional treatments for rehabilitation, recovery and leisure thereafter
9.9.7 Your reliance on information provided by the Website or the doctor.
9.10 Should the Medical Provider decide for whatever reason not to proceed with the Surgical Procedure, his/her decision is final and we will not be held liable for this decision. We will do our best to supply you with an alternative Medical Provider if available and if requested by yourself.
9.11 By accepting these Terms and Conditions you indemnify the Company against any costs, damages or claims in any way relating to your travel, or the associated travel or medical costs including additional treatments or rehabilitation or extra activities booked by the yourself or on behalf of yourself.
9.12 Each provision of this clause 9 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.
10 WARRANTIES BY THE CUSTOMER
10.1 The Customer warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the Customer will update the Personal Information held by us to reflect any changes as soon as possible.
10.2 The Customer further warrants that when making a booking through the Website it:
10.2.1 is not impersonating any person; and
10.2.2 is not violating any applicable law regarding use of personal or identification information;
10.3 The Customer agrees that, once a booking has been made the Customer will be liable for payment of any such Services purchased.
11 PRIVACY POLICY
11.1 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you.
11.2 Your use of our Website signifies your consent to us collecting and using your personal information as specified below.
11.3 How we collect information about you:
11.3.1 You may book a service and provide your name, e-mail address, telephone number, delivery address, credit or debit card number and expiry date so that the booking can be processed and confirmed.
11.3.2We will collect information concerning your tastes and preferences both when you tell us what these are and through our analysis of customer traffic (as described below).
11.3.3 It may be that you provide to us details of credit or debit cards or bank accounts in order to make payments to us. Any such information (“confidential financial information”) will be used by us only for the specific purpose for which it was provided to us.
11.4 How we use your information
11.4.1 we may use your information to confirm that your booking has been confirmed.
11.4.2We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, creditscoring, affordability assessment, and improving business efficiencies.
11.4.3We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding the use of our services.
11.4.4We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
11.4.5 Subject to your preferences in respect of each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.
11.5 How long do we keep your information for? The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. We will in any event delete or destroy any personal information which has become obsolete.
11.6 Disclosing your information to third parties:
11.6.1We reserve the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
11.6.2We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third party service providers on our Website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential. 11.7 How can you manage your privacy preferences? If you’d like us to stop processing your information for marketing purposes, please contact us at deborah@asarihouseofhealing.com
12 INTELLECTUAL PROPERTY RIGHTS
12.1 None of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, and further, should such consent be provided, we reserve the right to withdraw such consent at any stage at our sole and absolute discretion.
12.2 A Customer is granted a limited license only for purposes of utilising this Website.
12.3 A Customer undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website, including any algorithm used by us.
12.4 We own or are licensed to use all intellectual property on the Website, with the exception of the Customer content, which Customer content shall remain the intellectual property of that Customer, and which a Customer hereby licenses to us. A Customer may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
12.5 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.
13 FRAUDULENT ACTIVITIES
13.1 We are committed to ensuring the security of your use of the services and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website.
13.2 Where you have been a victim of any fraudulent conduct through any use or misuse of the services, you must inform us as soon as you become aware that suspicious conduct has occurred on your accounts and open a case at your nearest South African Police Service office. You will be required to co-operate with us and the South African Police Service in any investigation conducted into losses that you suffered as a result of such fraud.
14 USE OF SOFTWARE AND HARDWARE
14.1 You should only use the most up-to-date internet browser to access the website provided that where we specify hardware or software requirements on the website, only such specified hardware of software may be used. Your failure to adhere to the aforementioned may result in a security risk to you and/or cause some or all of the functionality of the website or online service not to operate correctly or at all.
14.2 Software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarizing yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.
15 ENDING YOUR USE OF SERVICES
15.1 We may end your use of and access to services at any time, for any reason whatsoever, on notice to you. Instructions given to us prior to such termination will not be affected by such termination.
15.2 We will, however, terminate your use of and access to and/or prohibit your future access to use of the services immediately and without any notice to you if:
15.2.1 we determine that your behaviour was inappropriate, illegal or constitutes misconduct.
15.2.2 you breached these terms.
15.2.3 you have committed (or attempted) fraudulent conduct directly or indirectly.
15.3 In the event of us terminating your access to the services, we will not be liable for any losses or damages, of any nature, suffered by you or a third party. Our rights in this regard are expressly reserved.
16 CAPACITY
16.1 In using the services, you represent and warrant that you are of full legal age, are emancipated or have your guardian’s consent and assistance and have the required legal capacity to enter into and be bound by these terms or any other product agreement regarding your use of the services.
17 GENERAL
17.1 The headings appearing in these terms are inserted for convenience only and will not be taken into account when interpreting these terms.
17.2 Where dates and times need to be calculated in terms of these terms, the international standard time (GMT) plus 2 (two) hours will be used.
17.3 The indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms, or failure or delay on our part to exercise any of our rights will not operate as an estoppel against us nor shall it constitute a waiver by us of such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.
18 BREACH
18.1 Should you breach any of these General Terms and Conditions we reserve the right to cancel any booking, notwithstanding our rights to exercise other legal remedies available to us.
19 APPLICABLE LAW
19.1 These Terms are governed by the laws of the Republic of South Africa.
19.2 For purposes of Section 22 of the Electronic Communications and Transactions Act, 25 of 2002 you accept that these Terms are entered into, and that any booking of the Services is deemed to have been executed, at Cape Town, Western Cape Province.
19.3 All matters arising from these Terms, and any purchase of the Products, its validity, existence or termination shall be determined in accordance with the laws of the time of the Republic of South Africa, and you hereby submit to the jurisdiction of the Magistrates’ Court of Belville or Western Cape, High Court as applicable.
20 DISCLAIMER
20.1 We have made every effort to make sure that the information and content on this website is up to date and accurate however, we are unable to guarantee the accuracy or validity of the information and content and any reliance on the information on this website is entirely at your own risk.
20.2 These terms and conditions of relating to the use of this website come into effect the first time the user enter the website and constitutes a valid agreement between the Company and the Customer.
20.3 We do not represent or warrant that the website, any tools (such as calculators), software, advice, opinion, statement, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.
20.4 While we take all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.
20.5 Without derogating from the generality of the above, we will not be liable for:
20.5.1 Any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for reasons beyond our control;
20.5.2 Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;
20.5.3 Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; any event over which we have no direct control.