Terms and conditions
Use of this website
These terms and conditions constitute an agreement between Choma magazine, an initiative of HIVSA and any person/user accessing the Choma Magazine Website and are valid and enforceable against any user of Choma Website, and any pages or part thereof. If you do not agree with any of the terms in this agreement, please discontinue your usage of the website as your continued use of the website binds you to these terms.
Ownership of the Website
The Choma Magazine website, https://choma.co.za/ is operated and owned by HIVSA. If you have any questions or concerns with respect to this Agreement or the website you may contact us in writing at admin@hivsa.com
Modifications to this Agreement
HIVSA may at any time, in its sole discretion, make changes to this Agreement or to the content and/or services available on the Choma website without prior notice. This will be done by updating this posting on this website and specifying the effective date of the new version of the Agreement. Your continued use of the Choma website following update of a new version of the Agreement constitutes your acceptance of any such changes. It is your responsibility to ensure you check if a new version of the Agreement has been posted at any time you visit the Choma Website.
Website Intended audience
Due to the nature of content published on the site, the Choma website is not intended for users under the age of 14. If you are between the ages of 14 years and 18 years you are required to obtain permission to use the website from a parent or guardian and bind yourself to these Terms of Use.
Privacy statement
Choma shall take all reasonable steps to protect personal and confidential information collected by virtue of your use of the website. By submitting your personal information, you specifically acknowledge and consent to the use of your personal information for authorised purposes in connection with your website usage. Personal information is collected in the following ways on the Choma website;
- Sign up/register process
- Ask Choma feature
Use of Content and Information on the website
The contents of the Choma Magazine website, such as text, images, articles, polls, the game and medical information provided through articles, are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a healthcare professional/doctor or other qualified health provider with any questions you may have regarding any medical condition including HIV, sexual and reproductive health and general health. Do not disregard or reject professional medical advice you have obtained or delay in seeking such advice based on any of the content accessed through the Choma website. Information, ideas and opinions expressed on this site should not be regarded as professional medical advice; you are strongly advised to seek professional advice before taking any course of action related to them. Please note that the website does contain health content that may be sensitive for certain users.
Choma does not endorse any specific organisations, products, procedures or other information that may be mentioned on the site. Reliance on any information provided by Choma is solely at your own risk. Your dealings with other third parties found on or accessible through the website are solely between you and the third party. These links are provided solely as a convenience to users and should not be construed as an endorsement by HIVSA and Choma. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.
To the fullest extent permissible by law, we expressly disclaim all (express and implied) liability. 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.
We, HIVSA and Choma (and all our employees and stakeholders) shall not be liable for and you hereby indemnify us (HIVSA, Choma, employees and stakeholders) against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused arising out of your use of the Choma website.
User-Submitted Content
You are responsible for all Content that you publicly submit, post, or otherwise make available to or through the website and all our social media platforms. By doing so, you represent and warrant to HIVSA and Choma that such content is not confidential, is not defamatory and unlawful and that you have all necessary permission to submit, post and otherwise make available such content. HIVSA and Choma make no claims to ownership of content that you submit, post or otherwise make available to or through the Choma Website and you continue to retain all ownership rights to such content and the right to use your content as you determine. However, you do grant to HIVSA and Choma the right to the following;
- With respect to content, photos, audio, video, or journals/stories that you submit, post or otherwise make available to public areas of the Choma Website or social media platforms (e.g. not intended as a private communication through Ask Choma feature), you grant HIVSA and Choma the right to use, reproduce, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) via the Choma website or otherwise, and/or to incorporate it in other works in any form, media, or technology including other websites or publishing platforms now known or later developed. If you do not want to grant HIVSA and Choma permission to use the content you contribute in accordance with this Agreement, please do not submit your content publicly on the Choma website.
Ownership and Intellectual Property Rights
The Choma website is owned by HIVSA and Choma. All rights to and interest in the content on the website (not User Content) available via the website, the website look and feel, the designs, trademarks, service marks, and trade names displayed on the website, and the Web Site URLs, are the property of HIVSA and Choma or its third party contributors or licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
HIVSA and Choma where applicable and authorised, grant you a nonexclusive, non-transferable, revocable, limited license to view, copy, print, website content only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the content. You may not use any Content available via the website in any other manner or for any other purpose without the prior written permission of HIVSA and Choma or applicable third parties.
Trademark Notices
All trademarks, service marks, logos and designs used on this website and social media platforms, are owned by HIVSA and Choma, or other third parties. You may not use or display any trademarks, service marks, logos or designs without our prior written consent from the relevant owner.
Disclaimer of Warranties with Respect to Website usage
The website is provided on an “as is” and “as available” basis. HIVSA and Choma does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected immediately.
Limitations of Liability
HIVSA and Choma assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the website. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In addition, HIVSA and Choma will not be liable for any damages or losses (data, profits) caused by making use of the Choma website.
Indemnification
You agree to indemnify and hold harmless HIVSA (Choma), its directors, employees and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Choma website (3) the Content you access through the Choma website.
Security
Any user that attempts to gain unauthorised access to any page on Choma website or social platforms thereof, or transmits or attempts to transmit any damaging code or malware to this website could face criminal prosecution. HIVSA and Choma may also, at its sole discretion, institute civil action for damages suffered as a result of such conduct, or exercise any other remedy available under South African law.
Membership
You are responsible for maintaining the confidentiality of any passwords or usernames associated with your Membership, monitor all activity under the Membership, and assume full responsibility for all activities that occur under your Membership.
Modification or Suspension of the website
HIVSA and Choma may at any time modify, discontinue, or suspend the operation of this website, or any part thereof, temporarily or permanently, without notice to you.
Breach of Agreement Terms
If any User or Member uses the Choma Website in breach of the terms set out in this Agreement, then HIVSA and Choma shall have the right to immediately terminate such User’s access to the Website. After termination, you shall no longer access the Website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflicts of law. Any legal action or proceeding between HIVSA, Choma and you (the user) related to the Agreement shall be brought exclusively in a court of competent jurisdiction in South Africa and you agree to submit to the personal and exclusive jurisdiction of such courts.
If you would like to make a complaint regarding any intellectual property infringements on this website, please contact, in writing: mohajanen@hivsa.com