Terms and Conditions

YOUR USE OF THE WEBSITE (AS DEFINED BELOW) IS SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AS YOUR CONTINUED USE OF THIS WEBSITE WILL MEAN THAT YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS. FURTHERMORE, IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT, ANY PROVISION IN AN AGREEMENT WITH A CONSUMER THAT LIMITS A VENDOR’S LIABILITY OR RISK; ASSUMES RISK OR LIABILITY ON THE CONSUMER; OR REQUESTS THE CONSUMER TO INDEMNIFY THE VENDOR, MUST BE DRAWN TO THE CONSUMER’S ATTENTION. WHERE RELEVANT, THESE PROVISIONS WILL BE IDENTIFIED AND DRAWN TO YOUR ATTENTION. PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY THIS AGREEMENT.

1. Preamble

1.1 This Website, www.findmyimplant.com (the “Website”) is owned and operated by Paul Juan Botha (“FindMyImplant”), identity number: 660204 5021 083.

1.2 FindMyImplant conducts the business of a global registry onto which a dentist can place the details of a patient's dental implant so that this information is available to the patient at anytime and anywhere around the world for easy and stress free troubleshooting by a different dentist.

1.3 This information is only placed / uploaded by the dentist on the global registry once the patient has consented to having it placed there. The means by which this consent is obtained is left to the discretion of the dentist

1.4 By choosing to use the services, you hereby agree that FindMyImplant will provide you, the Client, with the Services on the Terms and Conditions as set out in these documents which form the only basis of agreement between the parties.

1.5 The rule of construction that, in the event of ambiguity, the contract shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.

2. Definitions

2.1 “Client” or "users" or "you" or "your" or “dentist” – means the subscriber to the Services.

2.2 Confidential Information – means all information concerning a user, including information relating to his or her health status, treatment or stay in a health establishment.

2.3 Consent – permission given by patient for action to be undertaken on his / her behalf.

2.4 Content – information made available by us on the Website for whatever purpose.

2.5 Cracking – means trying to get into computer systems in order to steal, corrupt, or illegitimately view data.

2.6 Dentist – Oral healthcare professional registered with his/ her regulatory oral health professional

2.7 Flaming – is a hostile and insulting interaction between Internet users, often involving the use of profanity. It can also be the swapping of insults back and forth or with many groups teaming up on a single victim.

2.8 Global registry – The database which contains patient dental implant details as entered by their dentist.

2.9 Hacking – means the gaining of access (wanted or unwanted) to a computer and viewing, copying, or creating data (leaving a trace) without the intention of destroying data or maliciously harming the computer.

2.10 Implant / Dental implant – Titanium screw which is placed in a patient’s jaw by a suitably qualified dental professional in order to partially or totally support a tooth / teeth.

2.11 Patient – person having dental implant placed in mouth (jawbone)

2.12 Patient data – means all the electronic information captured and uploaded onto FindMyImplant.

2.13 Phishing – means the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers, online.

2.14 Privacy Policy - is a legal document that discloses the ways a party gathers, uses, discloses, and manages a customer or client's data.

2.15 Purchased Services – means data storage services that you, as the client, purchase online from FindMyImplant.

2.16 Services – means the online service of uploading the patient’s personal information, in relation to dental implant placement and restoration done by the client/dentist, onto FindMyImplant.

2.17 Spamming – means unsolicited e-mail, often of a commercial nature, sent indiscriminately to multiple mailing lists, individuals, or newsgroups; junk e-mail.

2.18 Spoofing – means the creating of email messages with a forged sender.

2.19 SSL - is an acronym for "Secure Sockets Layer". SSL creates an encrypted connection between your web server and your visitors' web browser allowing for private information to be transmitted without the problems of eavesdropping, data tampering, or message forgery.

2.20 Website – shall mean the FindMyImplant website (www.findmyimplant.com).

3. What do these terms and conditions regulate?

3.1 This Website [www.FindMyImplant.com] ("Website") is made available by [FindMyImplant Proprietary Limited] ("FindMyImplant", "we", our" or "us"). Any reference to "FindMyImplant", "we", "our" or "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

3.2 These terms and conditions apply to any person who uses, accesses, refers to, views and/or downloads any content.

3.3 For all intents and purposes, the client/customer/counter party to this agreement shall be the dentist who places the dental implant.

3.4 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website and the Services. You must, at all times, provide your own hardware, software as well as a modem and internet connectivity and telecommunications infrastructure.

4. Duration

4.1 For various options relating to the services that FindMyImplant offers, as well as their cost, refer to our Pricing

4.2 FindMyImplant may suspend the Services without liability if:

4.2.1 we reasonably believe that the Services are being used (or have been or will be used) in violation of the Agreement,

4.2.2 we discover that you are, or are affiliated in any manner with, a person who has used similar services abusively in the past;

4.2.3 you don't cooperate with our reasonable investigation of any suspected violation of the Agreement;

4.2.4 we reasonably believe that the Services have been accessed or manipulated by a third party without your consent;

4.2.5 we reasonably believe that suspension of the Services is necessary to protect our network or our other customers; or

4.2.6 suspension is required by the law.

4.3 The Client agrees that in the event of clause 4.2 above coming into effect, that FindMyImplant has no obligation to retain the patient’s data uploaded by the Client.

5. Your agreement to these Terms and Conditions

5.1 By continuing to access our Website or use our Services in any way, you agree that you enter into a legally binding contract with us upon these Terms and Conditions and our privacy policy which is accessible at Privacy Policy.

5.2 These Terms and Conditions, the Privacy Policy, and any additional document we incorporate by reference in these Terms from time to time, constitute the complete and exclusive understanding and agreement between you and us.

5.3 If you do not agree with any term or condition in these Terms and Conditions, the Privacy Policy, or any policies or additional documents we incorporate by reference, or any subsequent changes thereto or become dissatisfied with us, the Website or our Privacy Policy, you must not continue to use the Website or our Services.

5.4 These Terms and Conditions may be updated or amended by us at any time in our sole discretion. Each time you use the Website and/or our Services, it is your responsibility to review these Terms and Conditions and the Privacy Policy in case of any such updates or amendments. If you do not agree to FindMyImplant’s updates, you must not continue to use the Website or our Services.

5.5 FindMyImplant reserves the right to suspend or terminate the operation of the Website at any time for the purposes of support and maintenance or to update the information contained on the Website or for any other reason, at the sole discretion of FindMyImplant. Furthermore, FindMyImplant is not obliged to give any notice of such termination or suspension.

5.6 Fees and charges shall be as indicated on the Website located at Pricing.

5.7 FindMyImplant reserves the right to increase its prices on 1 January of each calendar year of this agreement, such increase being at the sole discretion of FindMyImplant.

5.8 You may print a copy of these Terms and Conditions. If you have any difficulty printing these Terms and Conditions or require assistance in obtaining a hard copy or electronic copy of these Terms and Conditions, you should send us an email to enquiries@findmyimplant.com.

5.9 You shall be solely responsible for the accuracy, quality, integrity and legality of your data and of the means by which you acquired the data.

5.10 You shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify FindMyImplant promptly of any such unauthorized access or use.

5.11 You shall use the Services only in accordance with applicable laws and government regulations of the Republic of South Africa.

6. Accessing and the use of the Services

6.1 The Website and the Services available through the Website may contain links to other third party websites ("Third Party Websites"). If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.

6.2 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another's intellectual property rights.

6.3 Hyperlinks provided on this Website to non-FindMyImplant sites, are provided "as is" and FindMyImplant does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.

6.4 FindMyImplant reserves the right to provide the Service be subject to limitations including, but not limited to disk storage space.

7. Accuracy of Information on website

7.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Website, the Content is intended and produced for general information purposes only, and to the extent allowed by law, should not be relied upon by you as specific advice of any kind.

7.2 You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the products and services, may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our Services. You are advised to contact us at [enquiries@findmyimplant.com] before using or relying on the information on the Website.

This paragraph constitutes an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility which we will have towards you and other persons. This paragraph also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood the Terms and Conditions in this paragraph. If you do not agree with the above paragraph, you must not continue to use the Website or our Services.

8. Your behaviour when using the Website and the Services

8.1 You may not use the Website to obtain or distribute:

8.1.1 copyrighted material or material protected by law without our prior written consent; or

8.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.

8.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our services.

8.3 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", " phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

8.4 You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.

8.5 Subject to the further provisions of these Terms and Conditions, the Website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content.

8.6 Subject to the further provisions of these Terms and Conditions, you are not allowed to:

8.6.1 frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content;

8.6.2 incorporate any part of the Content in any other work or publication; and/or

8.6.3 perform any other act which may not be considered fair use.

8.7 You are permitted to create a hyperlink to the home page of the Website so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the home page of the Website is clearly visible. Should you wish to do so, our prior written approval is required and we are entitled, in our sole discretion, to withhold or grant consent and to impose any conditions on any consent which is granted by us. Requests for approval must be submitted to [enquiries@findmyimplant.com].

8.8 You may utilise the material contained in the Website for your own, non-commercial use.

8.9 In addition, you shall not and shall not allow a third party to:

8.9.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content ("the Software") or any files contained in or generated by the Software by any means whatever;

8.9.2 remove any product identification, copyright or other notices, from the Software or documentation;

8.9.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice's hardware; or

8.9.4 disseminate performance information or analysis of the Software from any source relating to the Software.

9. Intellectual Property Rights

9.1 All the intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by FindMyImplant, alternatively FindMyImplant is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the FindMyImplant database is the sole property of FindMyImplant.

9.2 "FindMyImplant ", the FindMyImplant Logo and all other marks, logos and trade names appearing on this Website are trademarks of FindMyImplant. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on the Website without the express prior written consent of FindMyImplant. Your use of any of the trademarks displayed on the Website or in any of its contents is strictly prohibited.

9.3 The Client shall acquire no rights in respect of any service supplied in terms of this Agreement other than as set out in this Agreement.

9.4 We reserve all rights (including all intellectual property rights) not expressly granted herein to the Website and the Content we make available on or via the Website.

9.5 You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

9.6 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of FindMyImplant and its employees/agents are reserved.

9.7 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

9.8 You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

10. Registration, password and security

10.1 Whenever you provide us information on our Website, whether by email or Client login, you agree to:

10.1.1 provide true, accurate, current and complete information; and

10.1.2 maintain and promptly update the patient’s records.

10.2 Such information is to be kept true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, FindMyImplant may without notice suspend or terminate your access to our Website and refuse any and all current or future use of the Website.

10.3 The portion of our Website that requires you to register an account, you may be asked to choose a password and a username. Please select a password that would not be obvious to someone trying to guess your password, and if needed, change your password regularly for added security. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify FindMyImplant of any unauthorised use of your password or account or any other breach of security. Without limiting any rights which FindMyImplant may otherwise have, FindMyImplant reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and your account.

10.4 Notwithstanding the above, FindMyImplant may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall FindMyImplant be held liable to you for any liabilities or damages resulting from or arising out of:

10.4.1 any action or inaction of FindMyImplant under this provision;

10.4.2 any compromise of the confidentiality of your account or password; and

10.4.3 any unauthorised access to your account or use of your password.

10.5 The security of your patient’s personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your patient’s personal information. In this regard, FindMyImplant saves the patient data onto a database which is on a secure server that is protected by a firewall. Furthermore, all FindMyImplant’s communications with you and the patient are encrypted using SSL. However, you understand and agree that such steps do not guarantee that use of the Website is protected to all security breaches, and that FindMyImplant makes no warranty, guarantee, or representation that use of any of our Website is protected from viruses, security threats or other weaknesses.

11. Ownership of the uploaded data

11.1 FindMyImplant:

11.1.1 acknowledges that it has no rights of ownership in the patient data nor data belonging to the patient in existence before the Commencement Date;

11.1.2 shall not delete or remove any copyright notices contained within the patient data;

11.1.3 shall not share any information on the global registry with any dental implant supplier or manufacturer;

11.1.4 shall ensure that patient data shall not be commercially exploited by or on behalf of FindMyImplant;

11.1.5 shall undertake all reasonable actions to protect the security of patient data as set out in this Agreement.

11.2 Notwithstanding the above paragraph 11.1, all data and information submitted by FindMyImplant to the patient and/or Client in connection with its obligations under this Agreement, shall be owned jointly by both FindMyImplant and the patient and/or Client in perpetuity, except where such is marked as the property of, or confidential to FindMyImplant.

12. Collection of Personal Information

12.1 You, as the client, warrant that you have obtained the required consent from your patient, in terms of the National Health Act 61 of 2003, to upload his / her personal information on FindMyImplant, and that such information of the patient may be used in accordance with the Privacy Policy. Furthermore, you, as the client, warrant that you have obtained the required consent from your patient, in terms of law, that grants FindMyImplant permission to send the patient email correspondence regarding his/her personal data (including other information relating to FindMyImplant services) that has been uploaded onto FindMyImplant.

12.2 We collect the personal information of your patient from you via the uploading process on the Website. We will handle the collection, processing, storage and possible dissemination of your patient’s personal information in strict accordance with our Privacy Policy.

12.3 By disclosing or submitting the personal information of your patient to us, you agree that your patient has consented to us collecting, processing, storing and possibly disseminating the patient’s personal information for the purposes described in our Privacy Policy.

12.4 FindMyImplant shall hold the Confidential Information of the patient, obtained by the Client and uploaded onto this website, in trust and confidence, and not disclose it to any third party except as expressly authorised in writing by the patient. FindMyImplant may disclose Confidential Information only to those of its employees or officers who are participating in the Services under this agreement and who need to know such information. The provisions of this clause shall not apply in the event that FindMyImplant is required in terms of any law, regulation, judicial or governmental order, providing that such disclosure shall be limited to the extent of the legal requirement and FindMyImplant shall promptly notify the Client and patient.

13. Marketing

13.1 By accepting our Privacy Policy, you acknowledge and accept that you authorise FindMyImplant to deliver targeted marketing and suggest promotional offers based on your direct marketing preferences as advised by you.

13.2 Furthermore, you acknowledge that you have obtained your patient’s consent for FindMyImplant to deliver marketing and other promotional offers, to your patient.

13.3 FindMyImplant will provide you and your patient with a process to opt-out of the direct marketing and promotional offers.

14. Security

14.1 You agree and warrant that your username and password shall be used for your personal use only and shall not be disclosed to any third party. You agree that the FindMyImplant shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Website, including associated applications.

14.2 The content contained on the Website may be used by you for information purposes only. Furthermore, you shall use the Website only for purpose it was intended for, namely the uploading of personal information of the patient. In using the Website you warrant that you shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Website and you hereby indemnify FindMyImplant for any damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page shall be prosecuted.

15. Indemnity

15.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all attorneys' fees) arising from:

15.1.1 your use of and access to the Website and/or the services;

15.1.2 your violation of any term of these Terms and Conditions;

15.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or

15.1.4 any claim that any Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and Conditions and your use of the services and the Website.

15.2 Notwithstanding any other provisions contained herein, the FindMyImplant's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Service in respect of which any such dispute or claim arises.

This paragraph constitutes an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility which we will have towards you and other persons. This paragraph also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood the Terms and Conditions in this paragraph. If you do not agree with the above paragraph, you must not continue to use the Website or our Services.

16. Limitation of Liability

16.1 Subject to paragraph 16.2 below, neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.

16.2 No provision of these Terms and Conditions (or any contract governed by these Terms and Conditions):

16.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and

16.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

This paragraph constitutes an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility which we will have towards you and other persons. This paragraph also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood the Terms and Conditions in this paragraph. If you do not agree with the above paragraph, you must not continue to use the Website or our Services.

17. Exclusion of warranties and representations

17.1 To the extent allowed by law, the Website and the Content are supplied on an "as is" basis and have not been compiled or supplied to meet your individual requirements. It is your responsibility to satisfy yourself prior to entering into this Agreement with us that the service available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software.

17.2 As far as the law allows, the Website and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content.

This paragraph constitutes an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility which we will have towards you and other persons. This paragraph also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood the Terms and Conditions in this paragraph. If you do not agree with the above paragraph, you must not continue to use the Website or our Services.

18. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.

19. Violation of Terms and Conditions

Please report any violations of the Terms and Conditions (including the Privacy Policy) that you become aware of by contacting us at [enquiries@findmyimplant.com]. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

20. Electronic Communications

20.1 By using the Website and/or the Services, you agree that all agreements, notices, disclosures and other communications sent by you or FindMyImplant satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing". For the purposes of this paragraph, a "data message" means data generated, sent, received or stored by electronic means.

20.2 You agree specifically that:

20.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;

20.2.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms and Conditions;

20.2.3 your use of the Website and/or the Services is sufficient evidence of your agreement to these Terms and Conditions;

20.2.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;

20.2.5 subject to the further provisions of these Terms and Conditions, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and

20.2.6 subject to the further provision of these Terms and Conditions, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.

20.3 When you use or visit this Website, or send electronic communications to the Website including, without limitation, emails or uploading patient data onto FindMyImplant, you:

20.3.1 consent to receiving communications from FindMyImplant electronically;

20.3.2 agree that all notices, disclosures and other communications sent by FindMyImplant, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’.

21. The Consumer Protection Act

21.1 If these Terms and Conditions and/ or services provided under these Terms and Conditions are regulated by the Consumer Protection Act No 68 of 2008, as amended, replaced or re-enacted from time to time ("Consumer Protection Act"), it is not intended that any provision of these Terms and Conditions contravenes any provision of the Consumer Protection Act and therefore all provisions of these Terms and Conditions must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

21.2 Nothing in these Terms and Conditions does or purports to limit or exempt FindMyImplant from liability for any loss directly or indirectly attributable to the gross negligence of FindMyImplant or any person acting for or controlled by FindMyImplant where the law does not permit this and this clause also does not require you to assume the risk or liability for this kind of loss where the law does not permit this.

22. Agreements in Terms of Section 21 of the Electronic Communications and Transaction Act

22.1 No information or data on this Website constitutes an offer to do business, but is merely an invitation to do business.

22.2 No agreements shall be concluded merely by sending a data message to this Website or its owners. Valid agreements will require an acceptance of an offer by FindMyImplant.

22.3 No email message shall be deemed to have been received by FindMyImplant until a response has been issued from FindMyImplant. An automated response, from FindMyImplant shall not satisfy this requirement.

23. Information in terms of Section 43(1) of the Electronic Communications and Transactions Act

23.1 In order to comply with Section 43(1) of the Electronic Communications and Transactions Act, no. 25 of 2002 as amended, FindMyImplant makes the following information available:

1

Full name

PAUL JUAN BOTHA

2

Legal status

SOLE PROPRIETOR

3

Physical address

3 ZINNIA STREET

BLOEMHOF

BELLVILLE

7530

CAPE TOWN

SOUTH AFRICA

4

Telephone No.

+27 21 910 3330

5

Website address

www.findmyimplant.com

6

E-mail address

paul@findmyimplant.com

7

Membership of any self-regulatory or accreditation bodies to which FindMyImplant belongs or subscribes and the contact details of that body.

Not Applicable

8

Code of conduct to which FindMyImplant subscribes and how that code may be accessed electronically by the user.

Not Applicable

9

Registration number

Not Applicable

10

Names of directors

Not Applicable

11

Place of registration

Not Applicable

12

Physical address where FindMyImplant will receive legal service of documents

3 ZINNIA STREET

BLOEMHOF

BELLVILLE

7530

CAPE TOWN

SOUTH AFRICA

13

Description of the main characteristics of the goods or services offered by FindMyImplant to enable the User to make an informed decision on the proposed electronic transaction

FindMyImplant is an online electronic storage facility offering a service to the dentist and patient whereby the patient’s dental implant is recorded and saved on a secure online electronic storage facility.

14

Full price of the goods or services, including transport costs, taxes and any other fees or costs

See Pricing page

15

Manner of Payment

See Pricing page

16

Any terms of agreement, including any guarantees, that will apply to the transaction and how these Terms and Conditions may be accessed, stored and reproduced electronically by the User

See the above terms and conditions. Should you require and additional information regarding the service offering by FindMyImplant, please don’t hesitate to contact us at:

enquiries@findmyimplant.com

17

The time within which the goods will be dispatched or delivered or within which the services will be rendered

Upon registration

18

The manner and period within which the User can access and maintain a full record of the transaction

Upon registration to be found in the client’s personal online account.

19

The return, exchange and refund policy of FindMyImplant

See the above terms and conditions. Should you require and additional information regarding the service offering by FindMyImplant, please don’t hesitate to contact us at:

enquiries@findmyimplant.com

20

The alternative dispute resolution code to which FindMyImplant subscribes and how the wording of that code may be accessed electronically by the User.

See the above terms and conditions. Should you require and additional information regarding the service offering by FindMyImplant, please don’t hesitate to contact us at:

enquiries@findmyimplant.com

21

The security procedures and privacy policy of FindMyImplant in respect of payment, payment information and personal information

See the above terms and conditions as well as the Privacy Policy. Should you require and additional information regarding the service offering by FindMyImplant, please don’t hesitate to contact us at:

enquiries@findmyimplant.com

22

Where appropriate, the minimum duration of the agreement in case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently

There are various subscription options available to the client. These can be found at our Pricing page. The client should look at the various options available to them before making a choice

23

The rights of the User in terms of Section 44 of the Electronic Communications and Transactions Act, where applicable.

FindMyImplant complies fully with Section 44 of the Electronic Communications and Transactions Act

24. Dispute resolution and governing law

24.1 In the event of a dispute arising which the parties cannot resolve between themselves (“Dispute”), prior to the institution of any proceedings in a court of law, the parties shall, in good faith, attempt to resolve the Dispute before a mediator unless the Parties otherwise agree. The mediator shall not be entitled to make any binding rulings.

24.2 The parties shall agree upon a mediator within seven (7) days of a request for mediation by either Party, failing which the mediator shall be appointed by the chairman, for the time being, of the Cape Town Bar Council or its successor in title.

24.3 In the event of–

24.3.1 in terms of clause 24.1, the parties agreeing to not attempt to resolve the Dispute before a mediator; or

24.3.2 the mediation in terms of clause 24.1 failing to result in a resolution acceptable to both parties,

either party may give notice in writing to the other party that the Dispute shall be subject to an arbitration as set out in clauses 24.4 to 24.7 (“Arbitration”)

24.4 The Arbitration shall be held:

24.4.1 at Cape Town, Republic of South Africa;

24.4.2 informally;

24.4.3 in accordance with the arbitration rules of the Arbitration Foundation of South Africa, as applicable from time to time;

24.4.4 otherwise in accordance with the provisions of the Arbitration Act, 1965 (as amended);

24.4.5 before one arbitrator;

it being the intention that, if possible, it shall be held and concluded by twenty one (21) days after the provision of the notice in clause 24.3.

24.5 The arbitrator shall, if the question in issue is:

24.5.1 primarily a legal matter, be a senior counsel agreed to between the parties or, failing such agreement, a senior counsel nominated by the Chairman, for the time being, of the Cape Town Bar Council;

24.5.2 primarily an accounting matter, be an independent accountant agreed to between the parties or, failing such agreement, an independent accountant of not less than fifteen (15) years standing in practice nominated by the President of the South African Institute of Chartered Accountants;

24.5.3 primarily a technical matter, be a suitably qualified technical person agreed to between the Parties or, failing agreement, a suitably qualified person of not less than fifteen (15) years standing in the information technology industry in South Africa nominated by the President, for the time being, of the Computer Society of South Africa.;

24.5.4 any other matter, be an independent persons agreed to between the Parties.

24.6 If the Parties are unable to agree as to whether the matter is primarily legal, accounting, technical or otherwise in nature, the Arbitration shall proceed before a senior counsel as contemplated in Clause 24.5.1)

24.7 The Parties irrevocably agree that the decision in the Arbitration proceedings:

24.7.1 shall be binding on them;

24.7.2 shall be carried into effect;

24.7.3 may be made an order of any court of competent jurisdiction.

24.8 This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising in connection with these Terms and Conditions and our Services shall be subject to the exclusive jurisdiction of the courts located in Cape Town, South Africa. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.

25. Cancellation and Termination

25.1 The termination of any contract created by these Terms and Conditions will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.

25.2 If these Terms and Conditions (or any contract governed by these Terms and Conditions) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the "Consumer Protection Act "), it is not intended that any provision of these Terms and Conditions contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

26. Termination for breach.

26.1 We may terminate the Agreement for breach on written notice if:

26.1.1 we discover that the information you provided to us about yourself or your proposed use of the Services was materially inaccurate or incomplete;

26.1.2 if you are an entity, the individual submitting the registration request did not have the legal right or authority to enter into the Agreement on behalf of the customer;

26.1.3 you fail to comply with any other provision of the Agreement and do not remedy the failure within thirty (30) days of our notice to you describing the failure.

26.2 You may terminate the Agreement for breach on written notice if:

26.2.1 we materially fail to provide the Services as agreed and do not remedy that failure within fourteen (14) days of your written notice describing the failure; or

26.2.2 we materially fail to meet any other obligation stated in the Agreement and do not remedy that failure within thirty (30) days of your written notice describing the failure.

27. General

27.1 If either party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement by reason of an act of God, embargo, legislation, civil commotion, unrest or disturbances, government interference, electrical or telecommunications outages or any other cause or contingency beyond that party's control, then that party shall be relieved of its obligations in terms of the Agreement during the period that such an event and its consequences continue. Provided that such party's performance of this Agreement shall only be relieved to the extent that it is so prevented, and that party shall not be liable for any failure or delay in the performance of any of its obligations in terms of this Agreement, or for loss or damages, either general, special or consequential which any party may suffer due to or arising from such delay or failure. Any party shall give written notice forthwith of its inability to perform to the other party and any party shall upon termination of any event giving rise to Force Majeure give written notice thereof to the other party.

27.2 If an event of Force Majeure continues for more than five consecutive days from the date of any notification thereof, where FindMyImplant is the party affected by such event of Force Majeure –

27.2.1 FindMyImplant shall use its best efforts to procure the services of a third party to undertake the affected obligations on FindMyImplant’s behalf without further delay; or

27.2.2 in the event that FindMyImplant is unable to procure such services, the Client shall, in respect of the Services affected by such Force Majeure event, be relieved of its corresponding obligations including its obligation in respect of the payment of fees as set out in our Pricing

27.3 No delay by either party in enforcing any of the Terms and Conditions of this Agreement will affect or restrict that party's rights and powers arising under this Agreement. No waiver of any term of this Agreement will be effective unless mutually agreed in writing.

27.4 Notices must be served either personally, sent by prepaid registered post or emailed to the address of the other party given in this Agreement or to any other address as the parties may have notified during the period of this Agreement. Any notice sent by prepaid registered post will be deemed to have been delivered 10 days after sending. Any notice sent by email or served personally will be deemed to have been delivered on the first working day following its dispatch.

27.5 Domicilium - FindMyImplant chooses as its domicilium citandi et executandi for all purposes in terms of this agreement as:

Physical - 3 ZINNIA STREET, BLOEMHOF, BELLVILLE, 7530, CAPE TOWN, SOUTH AFRICA

Postal - 3 ZINNIA STREET, BLOEMHOF, BELLVILLE, 7530, CAPE TOWN, SOUTH AFRICA

Telephone - +27 21 910 3330

27.6 The Client chooses as its domicilium citandi et executandi for all purposes in terms of this agreement the email address supplied upon submission of application for the Service.

27.7 Unless otherwise specified any notice or communication in terms of this agreement:

27.7.1 must be in writing to be effective;

27.7.2 must be sent by hand or prepaid registered post to the addresses in clause 27.5 or email to [ enquiries@findmyimplant.com] which addresses the parties select as their respective domicilium citandi et executandi.

27.8 Either party may change its address or email to any other address or email. Such change will only take effect upon receipt or deemed receipt of such notice by the other party.

27.9 Any notice or communication shall:

27.9.1 if delivered by hand during business hours at the premises selected by the addressee for the delivery of notices to the person apparently in charge, be deemed to have been received on the first working day following its delivery.

27.9.2 if sent by prepaid registered post to the selected address be deemed to have been received 10 days after posting; and

27.9.3 if any notice is sent by email, it will be deemed to have been delivered on the first working day following its dispatch.

27.10 Any written notice or communication which has been actually received by a party shall be regarded as sufficient notice even if it has not been sent in the manner or to the address / email address provided for above.

27.11 If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other Terms and Conditions hereof shall remain in full force and effect.

27.12 This Agreement, including any attachments or referenced documents, forms the entire agreement between the parties relating to the Services. It replaces and supersedes any previous proposals, correspondence, understandings or other communications whether written or oral.

27.13 This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by FindMyImplant to you shall not be construed as a waiver or variation of any of our rights or remedies.

27.14 This Agreement shall apply to Services rendered and work undertaken in relation to FindMyImplant, its holding company or any of its subsidiary, associated or related companies.