WEB SITE SERVICE AGREEMENT/TERMS OF USE

1. 1. ACCEPTANCE OF TERMS

The services that PLEXILIFE HEALTH (PTY) LTD provides to users are subject to the following Terms of Use (“TOU”). PLEXILIFE HEALTH reserves the right to update the Terms of Use at any time without notice to users in future date. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.


A. This Agreement, which incorporates by reference other provisions applicable to use of PLEXILIFE.CO.BW, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in PLEXILIFE.CO.BW, sets forth the terms and conditions that apply to use of PLEXILIFE.CO.BW by users. By using PLEXILIFE HEALTH (other than to read this service agreement for the first time), Users agree to comply with all of the terms and conditions hereof. The right to use PLEXILIFE.CO.BW is personal to users and is not transferable to any other person or entity. Users are responsible for all use of Users’ Accounts (under any screen name or password) and for ensuring that all uses of Users’ Accounts comply fully with the provisions of this Agreement. Users shall be responsible for protecting the confidentiality of Users’ password(s), if any.


B. PLEXILIFE HEALTH legally has the right at any time to change or discontinue any aspect or features of PLEXILIFE.CO.BW, including, but not limited to, content, hours of availability, and equipment needed for access or use.


2. Changed Terms

PLEXILIFE HEALTH, legally, shall have the right at any time to change or modify the terms and conditions applicable to Users’ use of PLEXILIFE.CO.BW, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for users. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PLEXILIFE.CO.BW, or by electronic or conventional mail, or by any other means by which users obtain notice thereof. Any use of PLEXILIFE.CO.BW by users after such notice shall be deemed to constitute acceptance by users of such changes, modifications or additions.


3.Description Of Services

Through its Web properties, PLEXILIFE HEALTH provides users with access to a variety of resources, including downloadable areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use.


4. Equipment

Users shall be responsible for obtaining and maintaining all telephone calls, computer hardware, software and other equipments needed for access to the use of PLEXILIFE.CO.BW and all charges related thereto.


5. User Conduct

A. Users shall use PLEXILIFE.CO.BW for lawful purposes only. Users shall not post or transmit through PLEXILIFE.CO.BW any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PLEXILIFE HEALTH’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user that PLEXILIFE HEALTH’s discretion restricts or inhibits any other User from using or enjoying PLEXILIFE.CO.BW will not be permitted. Users shall not use PLEXILIFE.CO.BW to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PLEXILIFE HEALTH.


B. PLEXILIFE.CO.BW contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, videos, graphics, music and sounds, and the entire contents of PLEXILIFE.CO.BW are copyrighted as a collective work under the [BOTSWANA] copyright laws. PLEXILIFE HEALTH owns a copyright in the selection, coordination, arrangement and enhancement of such contents, as well as in the contents original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download copyrighted material for Users’ personal use only. Except as otherwise expressly permitted under copyright law. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PLEXILIFE HEALTH and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Users acknowledge that users do not acquire any ownership rights by downloading copyrighted material.


C. Users shall not upload post or otherwise make available on PLEXILIFE.CO.BW any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Users. Users shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PLEXILIFE.CO.BW, Users automatically grant, or warrant that the owner of such material has expressly granted PLEXILIFE HEALTH the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full terms of any copyright that may exist in such material. Users also permit any other user to access, view, store or reproduce the material for that User’s personal use. Users hereby grant PLEXILIFE HEALTH the right to edit, copy, publish and distribute any material made available on PLEXILIFE.CO.BW by Users.


D. The foregoing provisions of Section 5 are for the benefits of PLEXILIFE HEALTH, its subsidiaries, affiliates and its third party content providers and licensors shall have the right to assert and enforce such provisions directly or on its behalf.


6. Use Of Services

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable users to communicate with others (each “Communication Service” and collectively “Communication Services”). Users agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, users agree that when using the Communication Services, users will not:


• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk emails, spamming or any duplicative or unsolicited messages (commercial or otherwise). • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topics, names, materials or information.

• Upload, or otherwise make available, files that contain images, photographs, software or other materials protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless users own or control the rights thereto or have received all necessary consents to do the same.

• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.

• Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other users from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses. • Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other users or usage of information or any portion thereof. PLEXILIFE HEALTH has no obligation to monitor the Communication Services.


However, PLEXILIFE HEALTH reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. PLEXILIFE HEALTH reserves the right to terminate Users’ access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. PLEXILIFE HEALTH reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PLEXILIFE HEALTH’s sole discretion.


Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Users are responsible for adhering to such limitations if users download the materials. Always use caution when giving out any personally identifiable information in any Communication Services. PLEXILIFE HEALTH does not control or endorse the contents, messages or information found in any Communication Services and, therefore, PLEXILIFE HEALTH specifically disclaims any liability with regard to the Communication Services and any actions resulting from Users’ participation in any Communication Services. Managers and hosts are not authorized PLEXILIFE HEALTH spokespersons, and their views do not necessarily reflect those of PLEXILIFE HEALTH.


7. Member Account, Password, And Security

If any of the Services requires Users to open an account, Users must complete the registration process by providing PLEXILIFE HEALTH with current, complete and accurate information as prompted by the applicable registration form. Users also will choose a password and a user name. Users are entirely responsible for maintaining the confidentiality of their passwords and accounts. Furthermore, Users are entirely responsible for any and all activities that occur under Users’ account. Users agree to notify PLEXILIFE HEALTH immediately of any unauthorized use of User’s account or any other breach of security. PLEXILIFE HEALTH will not be liable for any loss that Users may incur as a result of someone else using Users’ passwords or accounts, either with or without Users’ knowledge. However, Users could be held liable for losses incurred by PLEXILIFE HEALTH or another party due to someone else using Users’ accounts or passwords. Users may not use anyone else’s account at any time, without the permission of the account holder.


8. Notice Specific To Software Available On This Web Site

Any software that is made available to download from the Services (“Software”) is the copyrighted work of PLEXILIFE HEALTH and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.


Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, PLEXILIFE HEALTH hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, PLEXILIFE HEALTH may make available as part of the services or in its software products, tools and utilities for use and/or download. PLEXILIFE HEALTH does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.


9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that:


(1) The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,


(2) Use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) No modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom.

Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.


PLEXILIFE HEALTH and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. PLEXILIFE HEALTH and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall PLEXILIFE HEALTH and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services.


The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. PLEXILIFE HEALTH and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


10.Notices Regarding Software, Documents And Services Available On This Site In no event shall PLEXILIFE HEALTH and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.


11.Materials Provided To PLEXILIFE HEALTH Or Posted At Any Of Its Web Sites PLEXILIFE HEALTH does not claim ownership of the materials User provide to PLEXILIFE HEALTH (including feedback and suggestions) or posts, uploads, inputs or submits to any Services or its associated services for review by the general public, or by the members of any public or private community, (each “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting information, user’s are granting PLEXILIFE HEALTH, its affiliated companies and necessary sublicenses permission to use Users’ Submission in connection with the operation of their Internet businesses (including, without limitation, all PLEXILIFE HEALTH Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Users’ Submission; to publish Users’ name in connection with Users’ Submission; and the right to sublicense such rights to any supplier of the Services.


No compensation will be paid with respect to the use of Users’ Submission, as provided herein. PLEXILIFE HEALTH is under no obligation to post or use any Submission users may provide and PLEXILIFE HEALTH may remove any Submission at any time in its sole discretion. By Posting a Submission, users’ warrant and represent to own or otherwise control all of the rights to Users’ Submission as described in these Terms of Use including, without limitation, all the rights necessary for users to provide, post, upload, input or submit the Submissions.


In addition to the warranty and representation set forth above, note that, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that:


(a) Users are the copyright owner of such Images, or that the copyright owner of such Images has granted users permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services,

(b) Users have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and

(c) That each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, Users are granting: (a) To all members of Users’ private community (for each such Images available to members of such private community), and/or

(b) To the general public (for each such Images available anywhere on the Services, other than a private community), permission to use Users’ Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Users’ Images without having Users’ name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time users completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time users completely remove such Images. No compensation will be paid with respect to the use of Users’ Images.


12. Disclaimer of Warranty; Limitation of Liability

A. Users expressly agree that use of PLEXILIFE.CO.BW is at users’ sole risk. Neither PLEXILIFE HEALTH, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that PLEXILIFE.CO.BW will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of [web site], or as to the accuracy, reliability or content of any information, service, or merchandise provided through plexilife.com.


B.PLEXILIFE.CO.BW is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.


C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Users specifically acknowledge that PLEXILIFE HEALTH is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.


D. In no event will PLEXILIFE HEALTH, or any person or entity involved in creating, producing or distributing PLEXILIFE.CO.BW or the PLEXILIFE HEALTH software, is liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use PLEXILIFE.CO.BW. Users hereby acknowledge that the provisions of this section shall apply to all contents on the site.


E. In addition to the terms set forth above, neither PLEXILIFE HEALTH, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or authenticity of, the information contained within PLEXILIFE.CO.BW or for any delay or interruption in the transmission thereof to the users, or for any claims or losses arising or occasions thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.


F. Prior to the execution of a stock trade, users are advised to consult with your broker or other financial representative to verify pricing or other information. PLEXILIFE HEALTH, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, PLEXILIFE HEALTH, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.


G. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then besuspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.


13. LINKS TO THIRD PARTY SITES

The links in this area will let you leave PLEXILIFE HEALTH ‘S site. The linked sites are not under the control of PLEXILIFE HEALTH and PLEXILIFE HEALTH is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. PLEXILIFE HEALTH is not responsible for webcasting or any other form of transmission received from any linked site. PLEXILIFE HEALTH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PLEXILIFE HEALTH of the site.


PLEXILIFE HEALTH is a distributor (and not a publisher) of contents supplied by third parties and users. Accordingly, PLEXILIFE HEALTH has no more editorial control over such contents than do a public library, bookstore, or newsstand. Any opinions, advices, statements, services, offers, or other information or contents expressed or made available by third parties, including information providers, users or any other users of PLEXILIFE.CO.BW are those of the respective author(s) or distributor(s) and not of PLEXILIFE HEALTH’s. Neither PLEXILIFE HEALTH nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.


In many instances, the contents available through PLEXILIFE.CO.BW represent the opinions and judgments of the respective information providers, Users, or other users not under contract with PLEXILIFE HEALTH. PLEXILIFE HEALTH neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PLEXILIFE.CO.BW by anyone other than authorized PLEXILIFE HEALTH employee spokespersons while acting in their official capacities. Under no circumstances will PLEXILIFE HEALTH be liable for any loss or damage caused by a User’s reliance on information obtained through PLEXILIFE.CO.BW. It is the responsibility of users to

evaluate the accuracy, completeness or usefulness of any information, opinions, advices or other contents available through PLEXILIFE HEALTH. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.


14. UNSOLICITED IDEA SUBMISSION POLICY

PLEXILIFE HEALTH or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artworks, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when PLEXILIFE HEALTH products or marketing strategies might seem similar to ideas submitted to PLEXILIFE HEALTH. So, please do not send your unsolicited ideas to PLEXILIFE HEALTH or anyone at PLEXILIFE HEALTH. If, despite our request that you not send us your ideas and materials, you still send them, please understand that PLEXILIFE HEALTH makes no assurances that your ideas and materials will be treated as confidential or proprietary.


15. Monitoring

PLEXILIFE HEALTH shall have the right, but not the obligation, to monitor the contents of [WEB SITE], including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PLEXILIFE HEALTH and to satisfy any law, regulation or authorized government request. PLEXILIFE HEALTH shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PLEXILIFE.CO.BW. Without limiting the foregoing, PLEXILIFE HEALTH shall have the right to remove any material that PLEXILIFE HEALTH, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


16. Indemnification

Users agree to defend, indemnify and hold harmless PLEXILIFE HEALTH, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of PLEXILIFE HEALTH by users or users’ Account.


17. Termination

Either PLEXILIFE HEALTH or users may terminate this Agreement at any time. Without limiting the foregoing, PLEXILIFE HEALTH shall have the right to immediately terminate users’ account in the event of any conduct by user which PLEXILIFE HEALTH, in its sole discretion, considers to be unacceptable, or in the event of any breach by users of this Agreement.


18. Miscellaneous

This Agreement and any operating rules for PLEXILIFE.CO.BW established by PLEXILIFE HEALTH constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of BOTSWANA without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.


19. COPYRIGHT NOTICE

PLEXILIFE HEALTH logos are trademarks of PLEXILIFE HEALTH (PTY) LTD. All rights reserved. All other trademarks appearing on PLEXILIFE HEALTH are the property of their respective owners.


20. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Signup For Latest Updates and News

Latest Listings

Dr. C.I Matsepe

Surgeon – Family Medicine & Preventive Care

Dr. C. Chotia

Surgeon – Family Medicine & Preventive Care

Dr. B. Gulubane

Dentist – Orthodontics & Oral Health Management

Dr. W. Anifasi

Ophthalmologist – Private Eye Specialist Clinic

Radiology

Village Imaging Radiology Centre