1. SCOPE OF THIS AGREEMENT
Ovajoyed is created with the intention of being a supportive tool for your fertility journey, offering information, resources, and accessibility and financing with a stress-free way to pay. You understand and agree that the Ovajoyed Services and Loans are not intended to diagnose or treat any medical condition, provide medical or therapeutic advice, or automatically alert you or your healthcare providers or emergency services providers to potentially serious medical conditions.
You may use the Site to facilitate your communication with, and to seek the advice and services of, certain independent fertility service providers and to access credit products for paying for third-party products and services through Ovajoyedor its subsidiaries. Through the Site, you may (1) register for certain Membership Services and Concierge Services provided by Ovajoyed (the Membership Services and Concierge Services collectively referred to herein as the “Ovajoyed Services”), or (2) apply for credit products to pay for third-party products and services (the “Loans”).
3. SITE CONTENT
4. YOUR USE OF THE SITE
You may only use the Website to browse the content, voluntarily enter legitimate information and shall not use the Website for any other purposes, including but without limitation to, the entering of any false or fraudulent information. You may only use the Website if you are an adult major (over 18 years of age) and therefore it is important to know that minors may not make use of the Website. The Website and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed.
You may view and use the Content contained on the Site only for informational, non-commercial purposes. Any use of the Site or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited. You may not use the Site, the Ovajoyed Services or the proceeds of any Loan for any illegal purpose or in violation of any local or international law. If you register for Ovajoyed Services on the Site or apply for a Loan through the Site you agree to provide accurate, true, current and complete information during the registration and/or application process.
Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Site or the Content is expressly prohibited. You agree that any use of scrapers, robots, or other data-gathering devices not provided by Ovajoyed through the Site is expressly prohibited. You agree not to interfere with the operation of the Site or any other party’s use or enjoyment of the Site by (among other things) uploading or disseminating any virus, adware, spyware, worm, or other malicious code, making any unsolicited offers or advertisements to another user of the Site, attempting to collect any data from a third party or another user of the Site without their consent, or otherwise interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, the Ovajoyed Services or the Loans. To the extent that any such attempts constitute a violation of criminal or civil law, Ovajoyed
reserves the right to seek appropriate redress to the fullest extent available under applicable law.
You may not imply or otherwise represent that you are in any way affiliated with or endorsed by Ovajoyed without our express written permission.
In addition to other monitoring of the Site that is discussed in Web Site Privacy Statement, your use of the Site may be monitored, tracked, and recorded for the purpose of ensuring your compliance with the requirements and limitations of this Section 4. By using the Site, you expressly consent to such monitoring, tracking, and recording.
Any unauthorized use of the Site or the Content is strictly prohibited. If Ovajoyed reasonably believes that you are using the Site or the Content for any unauthorized purpose Ovajoyed may immediately restrict or terminate your ability to access and/or use the Site and the Content.
5. Ovajoyed Services AND LOANS
The Ovajoyed Services described on or made available through the Site, including their terms, conditions, availability or pricing, are subject to change. We will provide you with notice of such changes only if required under the terms of the Service Terms you agreed to when you registered for Ovajoyed. The availability of the Ovajoyed Services and Loans described on or made available through the Site may differ depending on a variety of factors including geographic locations.
By accepting these terms and conditions, you hereby consent to us requesting your full credit information from a registered credit bureau and instruct the credit bureau to release the information to us in order for us to determine whether you qualify for offers of our loans and services.
6. COPYRIGHT AND TRADEMARK NOTICES
All content included on the Website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected in terms of intellectual property laws in South Africa (including trademark and copyright law) as well as international copyright laws.
The compilation of all content on the Website is our exclusive property and is protected by copyright law.
All software used on the Website is our property or that of our software suppliers and is protected by copyright law.
The trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Website registered and unregistered Trademarks belong to us. Nothing contained on the Website, except as expressly stated in the Terms, shall be construed by you as the granting of any license or right to use any Trademark without our prior written permission. All rights in and to the content and Trademarks are reserved and retained by us and/or our content suppliers.
You further acknowledge that we and/or our content suppliers are the proprietors of all the content and Trademarks on the Website, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.
7. LINKS TO OTHER SITES
Please note further that deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws.
8. POTENTIAL FOR SITE DISRUPTION
Your access to the Site may, from time to time, be unavailable, delayed, limited or slowed due to, among other things:
Hardware failures, including (among other things), failures of computers (including your own), servers, networks, telecommunication lines and connections and other electronic and mechanical equipment.
Software failures, including (among other things) bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls of screening programs, unreadable codes, or irregularities within Content;
Overload of system capacity.
The occurrence of one or more “force majeure” events, such as severe weather, earthquakes, wars, insurrection, riots, civil disobedience, strikes and/or work stoppages, accident, fire, water damage, explosions, mechanical breakdowns, natural disaster, or other acts of God.
Power supply interruption or utility service interruption.
Legal or governmental restrictions including (but not limited to) court rulings or orders, restrictions imposed by regulatory bodies, or other forms of human intervention.
Any other cause that is beyond the control of Ovajoyed.
9. DISCLAIMER OF WARRANTIES
Because of the possibility of human and mechanical error, as well as other factors, ovajoyed and its affiliates are not responsible for any errors or omissions from the content made available on the site. You acknowledge that neither overjoyed, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the products, services, or content on the site will be uninterrupted or error free. Except as may be prohibited by applicable law, all content is provided “as is” to the user of the site, without express or implied warranties of any kind including the warranties of merchantability, non-infringement of intellectual property, fitness for any purpose or freedom from computer virus is given in conjunction with the content. In no event will overjoyed be liable to you for any delay, difficulty in use, computer viruses, malicious code, or to her defect in the site, any incompatibility between the site and your files and browser, or any other problems experienced by you due to causes beyond the control of overjoyed.
10. LIMITATION OF LIABILITY
In no event shall overjoyed, its affiliates, or any of their respective employees, agents, third party content providers or licensors be liable for any damages, losses, or liabilities including (without limitation) direct or indirect, punitive, incidental, special, consequential or other damages, losses, or expenses arising out of or in any way connected with the use of the site, your reliance on the content, or in connection with any failure of availability, performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line of system failure, even if overjoyed, its affiliates, or their respective employees, agents, third party content providers, or licensors are advised of the possibility of such damages, losses, or expenses.
11. YOUR PRIVACY WHEN VISITING THE SITE
We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, and/or the removal of any materials from the Website.
Whilst we have taken reasonable measures to ensure the integrity of this Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, Trojans, time bombs, time-locks, phishing programmes or other harmful programs.
We do not undertake to actively monitor the uploading, reproduction, display, use, distribution or sharing by a user of his/her profile, for example on websites dedicated to discussion forums and/or blogs, nor do we have control over material posted on such discussion forums and/or blogs.
You acknowledge that because information is transmitted via the Internet, such information, irrespective of whether it constitutes personal information, may be susceptible to monitoring and interception. Accordingly, you are discouraged from transmitting to the Website any information that may be viewed as confidential and/or of a sensitive nature and you bear all the risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result thereof.
We hereby reserve the right to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications. You may not utilise the Website in any manner which may compromise the security of the Website in any manner whatsoever, which shall include without limitation, delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, which is expressly prohibited. These Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute.
You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your access to and/or use of the Website, and/or use of your customer profile, or any part of these, and/or your posting of content and material (including text, files, images and photographs).
13. SEVERABILITY AND MODIFICATION
14. GOVERNING LAW AND JURISDICTION
The Website is controlled, operated and administered by us from our offices within the Republic of South Africa. We make no representations that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. You may not use this Website in violation of South African export laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws.