Terms of Use

TERMS OF USE LAST REVISED: 

 

1. SCOPE OF THIS AGREEMENT

 

This website (www.ovajoyed.com) and its affiliated pages (collectively, the “site”) is made available by ovajoyed. (“Ovajoyed,” “we,” “us,” or “our”). When we use the term “you” or “your” in this terms of use it refers to any person or entity (or any automated service or program acting by or on behalf of a person or entity) that accesses, views, or collects information from the site. By accessing or using this site you agree to be bound by the terms and conditions found in this terms of use document (the “terms of use”). The terms of use document governs your use of the site, so you should read it carefully. If you do not agree to the terms of use, you should discontinue your use and/or access of this site.

 

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”).

 

The Ovajoyed Services will be governed by the terms and conditions of the Service Terms, and in the event of a conflict between the terms of this Terms of Use and the terms of the Service Terms the latter will control.

 

If you apply and are approved for a Loan you will be presented with, and asked to agree to, certain terms and conditions for the Loans (the “Loan Agreement”). The Ovajoyed Loans will be governed by the terms and conditions of the Loan Agreement, and in the event of a conflict between this Terms of Use and the terms of the Loan Agreement the latter will control.




 

2. AMENDMENTS TO THE TERMS OF USE

 

Ovajoyed reserves the right to amend this Terms of Use document at any time and without notice to you. The most recent date on which the Terms of Use was revised appears above. If you access and/or use the Site following a revision of the Terms of Use document it constitutes your acceptance to the Terms of Use as revised.

 

3. SITE CONTENT

 

This Terms of Use governs the products, services, information, materials, graphics, arrangement, coding, design, text, sound and other items contained on the Site (collectively, the “Content”). Site Content may be provided by Ovajoyed or its licensors, or by you if you upload User Content as defined elsewhere in these Terms of Use. The Content may be changed by Ovajoyed at any time, and without notice to you. Any Content that appears on the Site with an “as of” date is considered to be published on the Site as of that date. Ovajoyed reserves the right to terminate any Content or the Site in its entirety at any time, without prior notice.

 

You agree that you may not modify, translate, or create derivative works, adaptations or compilations of, or based on the Content or any part thereof, or use, copy, or reproduce any of the Content except as may be expressly permitted by these Terms of Use. You may not assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the 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

 

Ovajoyed may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by Ovajoyed of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site. Ovajoyed makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. Ovajoyed does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. Ovajoyed does not warrant that any Third Party Site is free from any viruses or other contamination. You understand that Third Party Sites may have a privacy policy that is different from that of Ovajoyed and that Third Party Sites may provide less security than this Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site is yours, in your sole discretion.

 

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

 

Please review our Privacy Policy, which also governs your visit to this 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).


 

12. INDEMNIFICATION

 

You agree to defend, indemnify, and hold Ovajoyed, its affiliates and their shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or your misuse of this Site, the Content, your use of the Ovajoyed Services or your use of the proceeds of any Loan.

 

 

13. SEVERABILITY AND MODIFICATION

 

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

We reserve the right to change the Terms of Use at any time, without notice, and in our sole discretion. Please check these Terms of Use periodically for changes. The most recent revision date of these Terms of Use is found above.

 

 

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.