Terms of use ("the Terms")

Welo Health (Pty) Ltd ("Welo Health") owns the website https://welo.health/ ("the Site"). The term "Site" is used in the "Terms" to refer to all websites and web pages operated by Welo Health, all Welo Health mobile applications, and Welo Health profiles on social media sites, and all Content (defined below) and functionality available through these sites and applications.

  • The term “Content” is used in the Terms to refer to all content on the Site, including without limitation data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials, and their selection and arrangement. 

  • The term “Services” is used in the Terms to refer to the Site and all Welo Health Services and products provided by Welo Health on or through the Site from time to time. 

  •  The term “User” is used in the Terms to include any party visiting or viewing the Site or the Content; registering, sending or supplying information to the Site or Welo Health; or uploading, publishing or displaying information on or through the Site. 

By using the Services or visiting the Site, you, the User, acknowledge and agree that you have read, understand and agree to be bound by the terms and conditions set forth in these Terms and the Welo Health Privacy Policy.

THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WELO HEALTH. PLEASE READ THE TERMS CAREFULLY. IN THE EVENT A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND WELO HEALTH GOVERNS YOUR USE OF ANY CONTENT OR SERVICES, TO THE EXTENT THE TERMS AND CONDITIONS OF THAT AGREEMENT CONFLICT WITH THESE TERMS, THE TERMS OF THAT AGREEMENT SHALL PREVAIL. IF ANY OF THE TERMS ARE NOT UNDERSTOOD OR AGREED TO, PLEASE DON’T PROCEED WITH THE USE OR REGISTRATION ON THE SITE.

About Us

Welo is an online provider of home healthcare services via its professional health care partners. Welo relies on the Services performed by registered health care partners and acts merely as an agent of the partner in offering the Services.

Register on our Site

In order to register as a Welo Health partner, you may be required to provide personal information (such as identification or contact details) as part of a registration process. You agree that any registration information you give to Welo Health will always be correct and current. You agree not to register as a User or use the Services on behalf of any party other than yourself unless you have the legal authority to act as an agent on behalf of another individual or entity.

The use of the Services

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to use the Site conditioned upon your continued acceptance and compliance with these Terms. You agree to use the Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access or attempt to access any Services by any means other than through the interface as provided by Welo Health, unless specifically allowed to do so in a separate written agreement with Welo Health. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, trade or resell the Services, unless otherwise agreed to in a separate written agreement with Welo Health. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage that Welo Health may suffer, of any such breach.

Code of Conduct

You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Services and that you will not interfere with the use and enjoyment of the Services by other users or with Welo Health’s management and operation of the Service. Prohibited conduct includes, but is not limited to, the following:

  • You will not send or otherwise post unauthorized commercial communications on the Site.
  • You will not collect Users’ Content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not do anything that could disable, overburden, or impair the proper working of the Site.
  • You will not facilitate or encourage any violations of the Terms.
  • You will not post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law.
  • You will not post anyone’s identification documents, protected health information, or sensitive financial information on the Site.
  • You will not tag Users.
  • You will not send email invitations or otherwise market or promote the Services or the Site to non-Users without Welo Health’s consent.

Privacy and Personal Information

Welo Health respect a user’s privacy and will take reasonable measures to protect it when entering the information on the Site.

When registering on our Site, we may require personal information of you. The information will solely be used for purposes of registering on the Site as a partner. We undertake that, unless you have consented thereto we will not add you to marketing material of additional Goods or promotions or disclose your personal information to any third party other than:

  • to our service providers (under contract with us) who help with parts of our business operations;
  • to our employees and/or third party service providers who assist us to interact with you via our Site, email or any other method, for the onboarding of you as a partner of Welo Health;
  • to our clients who may require the Services and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
  • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms.

Welo Health may disclose your personal information in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.

All Welo Health partners, service providers, employees are bound to confidentiality obligations before we make available to them a User’s personal information.

Welo Health undertake that we will never sell your personal information to any third party.

Welo Health will take all reasonable technical measures to ensure that a User’s personal information is kept secure and confidential and protected against unauthorised use, access or processing, accidental loss, disclosure or alternation. Upon a User’s request Welo Health will return a User’s personal information, alternatively confirm destruction thereof unless we are compelled to retain the information in terms of the applicable laws.

Whilst Welo Health will do all things reasonably necessary to protect your personal information and a User’s right to privacy in terms of the applicable law, Welo Health cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of a User’s personal information, whilst in Welo Health’s possession, made by third parties who are not subject to our control, unless such disclosure is as a result of Welo Health’s proven gross negligence.

Changes in Services and denial of registration

The form and nature of the Services that Welo Health provides may change from time to time without prior notice.

Welo Health may stop providing the Services (or any features within the Services) to Users generally, at Welo Health’s sole discretion, without prior notice.

Welo Health’s decision to register a User as a partner is within its sole discretion.

Disclaimers

The Content is provided for informational purposes only and may or may not reflect the most current developments or information related to health care or otherwise. The Content on the Site should not be construed as medical advice or legal advice and does not necessarily reflect the views of Welo Health or its directors. Welo Heath acts as an agent of various Qualified health care practitioners in connection with the provision of services. References and links to third parties do not constitute an endorsement or warranty by Welo Health.

Proprietary Rights

The User acknowledge and agree that Welo Health, or its licensors, own all legal right, title and interest in and to the Services, including the Content and all Welo Health’s trademarks, service marks, logos, brands and brand names, trade names and other distinctive identification (collectively “Welo Health Marks”), and any intellectual property rights that subsist in the Services, whether registered or not. The User acknowledge that the Services may contain information that is designated confidential by Welo Health and that a User shall not disclose such information without Welo Health’s prior written consent. If a User have been granted an explicit right to use Welo Health’s intellectual property in a separate written agreement, the User agree that such use shall be in compliance with that agreement. The User agree not to remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services. The User agree that in using the Services, it will not use any trademark, service mark, tradename, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Exclusion of Warranties; Disclaimers

WELO HEALTH DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WELO HEALTH FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY USER CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WELO HEALTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCES TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT A USERS OWN DISCRETION AND RISK AND THE USER ACKNOWLEDGE AND AGREE THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, ADVICE OR INFORMATION REGARDING PROFESSIONAL PRACTICES, STANDARDS OR GUIDELINES, VIA ANY METHOD OF COMMUNICATION, OBTAINED BY YOU FROM WELO HEALTH SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WELO HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WELO HEALTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Services may include hyperlinks to other websites or content or resources. Welo Health may have no control over any websites or resources which are provided by companies or persons other than Welo Health. The User acknowledge and agree that Welo Health is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. The User acknowledge and agree that Welo Health is not liable for any loss or damage which may be incurred by the User as a result of the availability of those external sites or resources, or as a result of any reliance placed by a User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

Limitation of Liability

Under no circumstances will Welo Health or its affiliates, directors or employees be liable to Users for any direct, indirect, incidental, consequential, special or exemplary damages arising from any provision of the Terms or your use of the Site. THE USER SPECIFICALLY ACKNOWLEDGE THAT WELO HEALTH SHALL NOT BE LIABLE FOR USER CONTENT, CONTENT PRODUCED BY THIRD PARTIES AND DISPLAYED ON OR THROUGH THE SERVICES, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

In the event a User are dissatisfied with or dispute these Terms, the Site, or any Content, your sole right and exclusive remedy is to terminate the use of the Site.

Indemnity

The User agree to defend, indemnify, and hold harmless Welo Health, its members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (A) your use of and access to the Site; (B) the User’s violation of any provision of the Terms; (C) the User’s violation of any third party right, including without limitation any copyright, trademark, property, or privacy right. The Indemnity shall indefinitely survive the termination of the Terms and your use of the Site.

Changes to these Terms

Welo Health may make changes to the Terms from time to time. When these changes are made, any new Terms will be made available to Users from within, or through, the Services. You understand and agree that if you use the Services after the date as of which the Terms have changed, Welo Health will treat your use as acceptance of the updated Terms.

These Terms and any Services delivered in terms hereof are subject to the applicable laws of the Republic of South Africa and by registering to this Site you agree to be bound by the jurisdiction and governing law.

In the event of any dispute arising between a User and Welo Health, the parties hereby consent to the non-exclusive jurisdiction of the Gauteng North High Court of the Republic of South Africa.

The address provided on the Site will be deemed to be the delivery address for any legal notices (unless we are notified otherwise in writing) and Welo Health elect the registered business address as its address for the receipt of any legal notices.

A User is not permitted to cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.

Any failure on the part of Welo Health to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

These Terms contain the entire agreement between us and is binding. No amendment or alternation thereto shall have any force or effect unless a copy of these Terms are printed and such amendment is signed by an authorised representative of Welo Health.

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