To use this website ("the Website") and Swansong Digital (Pty) Ltd's services you must be 18 years of age or older and you must have the legal capacity to conclude binding contracts. By using the Website you warrant that you are 16 years of age or older and that you have the legal capacity to use the Website.
Swansong Digital (Pty) Ltd (Registration Number: 2020/776855/07) ("Swansong Digital", "we" or "us") owns the intellectual property rights in and to a digitally-enabled solution, which supports its customers in articulating and legally documenting their serious illness and end-of-life preferences ("Swansong's Solution").
These terms and conditions ("Terms and Conditions") shall govern all business dealings between you and Swansong Digital.
Should you choose to purchase Swansong’s Solution, you will be entitled to:
Swansong Digital shall provide secure online storage of the advance care plan document and recording for a period of time after your purchase of Swansong's Solution. This period will run indefinitely subject to Swansong providing you with 90 (ninety) days' written notice of its intention to terminate the storage service. Such notice shall be sent via electronic email to you and to your chosen healthcare proxy at the most recent email address we have for you and for your chosen healthcare proxy on record. On termination of the storage service, all records relating to your advance care plan document and recording will be destroyed.
Swansong's Solution has been developed in South Africa. Regulations and/or legislation relating to the manner in which an advanced health care directive is to be granted and/or executed have not been legally promulgated in South Africa and will differ in each country. Swansong Digital cannot provide any legal guidance as regards the manner in which same should be executed and purchasers of Swansong's Solution should consult their attorney in this regard.
Swansong Digital is only required to perform its obligations in terms of an agreement of sale, which is entered into between Swansong Digital and a customer (the terms of which are contained in these Terms and Conditions) once the requisite payment has been made by the customer to Swansong Digital and Swansong Digital has received proof of such payment.
Unless otherwise stated, the purchase price in respect of Swansong’s Solution is reflected on the Website, which price is quoted in South African Rands (ZAR).
Should there be any error of whatsoever nature on the Website in respect of the purchase price, we shall bear no liability other than to refund you for any amount already paid.
The purchase price is inclusive of Value Added Tax (VAT) unless otherwise indicated.
Payment of the purchase price shall be made to Swansong Digital during the checkout process on this Website or as otherwise contemplated below. You shall not be entitled to withhold, deduct from or defer any amount due by you to us and you shall pay all amounts, free of any deductions, charges and set-off.
You will only receive the Swansong Digital services on receipt of a payment confirmation notice from Swansong Digital.
All payments are to be made in South African Rands. Payment may be made via Visa and/or MasterCard credit cards or by bank transfer or cash deposit into the Swansong Digital bank account, the details of which will be provided to you during the checkout process on this Website.
Credit card transactions will be processed on behalf of Swansong Digital by PayFast, who use the strictest forms of encryption.
Swansong Digital does not process or retain any credit card information. Customer details will be stored by Swansong Digital separately from credit card details, which are entered into the PayFast secure payment terminal by the customer. For more information on PayFast, please visit the PayFast website (www.payfast.co.za).
Subject to availability and receipt of the purchase price, orders for Swansong’s Solution will be processed within 3 (three) working days.
An order for the purchase of Swansong's Solution can only be cancelled if the requisite payment has not yet been made by the customer. Once payment of the purchase price has been made by the customer (and Swansong Digital has received proof of such payment), the order can only be rescheduled in accordance with the Rescheduling Policy and cannot be cancelled.
If you need to re-schedule an online session, we will accommodate your first request up until an hour before your scheduled session.
We reserve the right to re-schedule an online session if your chosen counsellor is unexpectedly unavailable.
All amendments to these Terms and Conditions will be posted online. Please make sure you check regularly to see if any amendments have been made.
Amendments will be posted with their relevant date and such changes will be effective once the amended materials are published on the Website.
You may terminate your agreement with Swansong Digital (by email to info@swansong.life) if you do not wish to be bound by such amended Terms and Conditions. However, continued use of this Website and the services offered on this Website will be deemed to constitute acceptance of the amended Terms and Conditions.
Swansong Digital shall take all reasonable steps to protect the personal information of users, which it collects through its Website and through the negotiation and conclusion of sale agreements with its customers. Any personal information collected and/or retained is subject to the terms of Swansong Digital's Privacy Policy currently in force and which policy is available for review on this Website.
For the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).
Swansong Digital respects your privacy, as well as that of its customers. This means that any and all of the personal information collected on this Website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. Any personal information, which you provide to Swansong Digital, will be held with the utmost care and will only be used to deliver our services and to provide you with the best possible service.
You warrant to and in favour of Swansong Digital that all information provided by you to Swansong Digital is true, complete and accurate and that you will promptly inform us of any changes to such information by updating your details with Swansong Digital.
If you have any questions, please feel free to contact us (please see our contact details set out below).
It is our mission that all information on this Website is as accurate and up to date as possible, and that our services cause no harm to our customers. However, due to the possibility of human and technical error, Swansong Digital makes no warranties and accepts no responsibility for the accuracy, accessibility, integrity, timeliness or completeness of any information provided on the Website. Swansong Digital assumes no liability or responsibility for any errors or omissions in the content of this Website and further disclaims any liability of any nature for any loss howsoever arising in connection with the use of this Website or any content contained herein.
While we have taken every reasonable measure to ensure that the online sessions provided to our customers are of the highest quality, any recommendations that may emerge are not the advice of a medical practitioner. We therefore advise that you consult a medical practitioner as to any clinical decisions, which you may need to make.
If you choose to access and use any of the information made available to you on this Website, you do so subject to these Terms and Conditions and any written agreement entered into between you and Swansong Digital.
Please take note of all the Terms and Conditions. Your use of this Website implies an acceptance of these Terms and Conditions and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Terms and Conditions and any specific terms applicable to your relationship with Swansong Digital, and only to the extent of the conflict, the more specific term will apply.
Swansong Digital grants you a limited, revocable licence to use this Website subject to these Terms and Conditions. The licence is a personal, non-transferable, non-sub-licensable, revocable licence to access and use the Website only as expressly permitted in these Terms and Conditions. Except for this limited licence, we do not grant you any other rights or licence with respect to this Website or Swansong’s Solution.
Unless we have granted you permission in advance and in writing, you may use the Website and Swansong's Solution only for your personal, non-commercial use, and not to provide services to a third party. Any person wishing to use this Website and/or Swansong's Solution contrary to the Terms and Conditions must obtain prior written consent from Swansong Digital.
If you find any inaccurate, out of date or incomplete information or material on this Website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting Swansong Digital.
Unless otherwise stated, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of Swansong’s Solution, this Website and the content thereof are the sole property of or will vest in Swansong Digital or in other third party owners of such content. All moral rights are reserved.
Accordingly, you shall not be entitled or authorised to copy, reproduce, distribute, sell or otherwise disseminate any content contained on this Website and/or Swansong’s Solution, and any action in this regard shall constitute an infringement of the right, title and interest in and ownership of the intellectual property rights in and to such content. You are entitled only to view, download, copy and/or print the content on this Website exclusively for your personal purposes, including for the use of the services offered on the Website.
Any person wishing to use this Website contrary to these Terms and Conditions must obtain prior written consent from Swansong Digital.
Irrespective of the existence of any copyright or other intellectual property, you acknowledge, by using the Website and our services, that Swansong Digital is the proprietors of all of the Website content, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
Swansong Digital’s logo and sub-logos, marks, and trade names are the trademarks of Swansong Digital and no person may use them without written permission. Any other trademarks or trade names that may appear on this Website, or other marketing material of Swansong Digital, are the property of the respective owners.
Hyperlinks provided on this Website may direct you to other websites. Swansong Digital makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks.
Software may be made available for use or download on or via the Website. If this is the case, then such software may be governed by licence conditions imposed by the licensor of such software. Any licence conditions will constitute a legal agreement between you and such licensor, to which Swansong Digital will not be a party, and you hereby acknowledge that your sole recourse will be against the licensor of such software. Swansong Digital gives no warranty and makes no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software.
While Swansong Digital makes every effort to ensure that any executable material available to be downloaded from the Website is free of any virus, it cannot guarantee that the material is free from any or all viruses. Swansong Digital is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.
You are responsible for ensuring that your computer systems are suitable to access and use this Website. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.
Framing. No one may frame this Website or any of the pages on this Website, or use any other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website.
Linking. We prohibit “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of Swansong Digital or which would suggest that you are the owner of any intellectual property belonging to Swansong Digital.
Spiders and Crawlers. No one may use any technology (including but not limited to spiders or crawlers) to search and gain any information from this Website.
You specifically may not:
All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by Swansong Digital and the information owners and providers.
In particular, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website is free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.
Swansong Digital its affiliates or subsidiaries hereby reserve the right to refuse service, terminate accounts, and remove or edit content on the Website,
in their sole discretion and specifically reserves the right to modify, suspend or discontinue or restrict your access to:
For the avoidance of doubt, any unauthorised use of the Website by you shall terminate the licence provided to use the Website and/or the services offered on the Website.
Use of the Website and Swansong’s Solution is entirely at your own risk. You assume full responsibility for any direct or indirect, special, consequential or other loss or damage of any kind whatsoever suffered, incurred or resulting howsoever arising, and including from your use of the Website (or any third party link) and Swansong’s Solution and your reliance on any of the content or a part/s thereof, contained on the Website, even if Swansong Digital is expressly advised thereof.
Specifically, it is your responsibility to ensure that any products or services, as well as information available through the Website, meet your particular requirements.
You hereby unconditionally and irrevocably indemnify us and hold us harmless against any and all losses, liabilities, proceedings, costs, and/or damages of all
and every kind, howsoever arising (and including, for the avoidance of doubt, direct, indirect, special or consequential damages), including in relation to:
No delay, neglect or forbearance on the part of Swansong Digital in enforcing any of its rights under these Terms and Conditions will be, or be deemed to be, a waiver of, and will not prejudice, any right of Swansong Digital.
If any of the Terms and Conditions is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of the Terms and Conditions which will continue to be of full force and effect.
This Website and Swansong’s Solution are governed by the laws of the Republic of South Africa and you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
If the use of any information or material on this Website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason) (“unlawful information”), then that unlawful information is not offered to you. If you are outside the Republic of South Africa, you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.
Swansong Digital chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: 147 Main Road, Rondebosch, Cape Town, South Africa, 7700.
Variation. No addition to or modification of any provision of these Terms and Conditions by you will be binding on Swansong Digital, unless made in writing and signed by our duly authorised representatives.
Whole Agreement. This is the whole agreement between the parties with regards to the subject matter.
Cession, Assignment and Delegation. Swansong Digital shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms and Conditions.
Force Majeure. Should Swansong Digital be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including, but not limited to lightning, fire, flood, extremely severe weather, pandemic, strike, lock-out, labour dispute, act of God, war (whether declared or not), riot, civil commotion, military operations, explosion, malicious damage, failure of any telecommunications, power grids or computer systems, compliance with any law or requirement of any government or other competent local authority, accident (or by any damage caused by any of such events), we shall not be liable for any breach of our obligations, and such obligations shall be suspended until such force majeure has passed, or until we have given you 10 (ten) days' written notice of the termination of such obligations.
Email Us: info@swansong.life
Call Us: +27 21 300 0642
Date posted: 18 October 2021
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