DISCLAIMER & POPI

1. Terms and conditions of use

Any person accessing this website (user) is subject to, and agrees to, the terms and conditions set out in this notice. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use or download and/or otherwise copy or distribute content obtained at this website.

2. Disclaimer

2.1. Information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
2.2. It is the sole responsibility of the user to satisfy itself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
2.3. Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of SA VAERS (or Transformative Health Justice) or any other legal entity in respect of which information, ideas and opinions are expressed on this website.
2.4. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this website.
2.5. THJ and SA VAERS make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free or will meet any particular criteria of performance or quality. This website is provided “as is”.
2.6. THJ and SA VAERS expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy and makes no express or implied representations or warranties regarding the content of the website and that the website has been compiled or supplied to meet the user’s individual requirements. Users are encouraged to report any possible errors or malfunctions to Action@SAVAERS.co.za
2.7. The use of the content of this website is at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this website. THJ/ SA VAERS or any of the legal entities in respect of which information is contained on this website or staff, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this document or information.
2.8. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, the Department of Labour shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
2.9. The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions Act 25 of 2002 is hereby excluded from applying to any electronic communications and data messages that you send to SA VAERS (THJ) via this website. Any communication or data message that you send will be regarded having been received when receipt is acknowledged in writing. You need to follow up should you not receive a response within a reasonable period.
2.10. Should you require any information regarding its services or the content of this website, please direct it to the webmaster via Action@SAVAERS.co.za

3. Security

3.1. Protection
SAVAERS via THJ has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a user’s information. Authorised staff, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all staff or public bodies that may receive such information.

Users undertake not to divulge their user name and passwords to any other person. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that SA VAERS/THJ or any body should suffer any damage or loss, civil damages will be claimed.

3.2. Linkage and framing
Users should, however, be aware that this website might contain links to other websites that are not governed by this or any other privacy statement. Any third party website may link to this website provided that such a link is directed at the home page of this website.

3.3. Links to third party web sites
SA VAERS may provide links to the user only as a convenience and the inclusion of any link does not imply endorsement of such websites. Linked websites or pages are not subject to the control of SA VAERS. SAVAERS / THJ shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.

3.4. Updating of terms and conditions
SA VAERS / THJ reserves the right to change, modify, add to or remove portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to this website. It is the user’s obligation to periodically check these terms and conditions of use at this website for changes or updates. The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.

3.5. Information about website and owner
5.1. The full name and legal status of the website owner is:
Transformative Health Justice NPC
5.2. The website address is: www.SAVAERS.co.za
5.3. Contact details of website owner: info@THJ-Africa.org.za

4. POPI Act

The Parties agree that THJ (SA VAERS) may obtain personal information during the duration for the fulfilment of the rights and obligations of its mission, and may further only process such information for the specific purposes of complying with the requirements of its objectives in collating safety and related data.

We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the POPI Act which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.

Why we collect Personal Information:
We collect personal information so that we may:
1. Collate and publish data on adverse effects
2. Respond to queries or comment received from you
3. Process, validate and verify information and requests
4. For the purposes for which you specifically provided the information;
5. Generally to improve your experience on our website.

Processing of Information
We will share your personal information only:
1. In order to comply with applicable law or with legal process served on our company;
2. In order to protect and defend the rights or property of our company;

Security Measures
We will:
1. Treat your personal information as strictly confidential;
2. Take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3. Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
4. Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
5. We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Further

• The Parties agree that if personal information will be processed for additional purposes beyond the original purpose for which it was obtained, explicit written consent must be obtained beforehand
• Performing the obligations as set out in this Agreement, the Parties shall at all times:
▪ comply with the provisions of all laws, which regulate the protection of personal data, including but not limited to the Protection of Personal Information Act
▪ comply with all laws, policies, and procedures relating to the protection, storage, handling, privacy, processing and retention of data as well as the destruction of data, including personal data;
▪ ensure that it shall not sell, offer for sale or dispose of or attempt to dispose of or create or allow the encumbrance over any personal data;
▪ ensure that it does not disclose personal data other than in terms of this Agreement;
▪ ensure that it processes data for only the express purpose for which it was obtained;
▪ ensure that it has all reasonable technical and organisational measures in place to protect the personal data from unauthorised access and/or use.

ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF OUTSIDE OUR REASONABLE CONTROL.

Your rights
You have the right at any time to:
1. Rectify the Personal Information collected by us;
2. Object to the processing of Personal Information (subject to legislation);
3. Request the return or destruction of Personal Information (subject to legislation);
4. Lodge a complaint with the company.

Thank you for working with and supporting SA VAERS in its mission to uphold the right to information, informed consent, data transparency, and accountability.