Terms and Conditions
Last Updated: 09/02/2021
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More information on the *Layup Terms and Conditions
This Platform and the services provided pursuant to its use are not to be used in emergency situations. If you are experiencing a medical emergency, call 10111 immediately.
If you are contemplating taking your life by suicide or if you are considering causing harm to yourself or to others, please seek emergency medical help immediately and notify the relevant authorities. When faced with an immediate crisis or emergency, please use the phone number provided above (10111).
This website and any mobile application or Web Application / WebApp (collectively, this “Site” or “takeNOW” or “WebApp” or “Platform”) is owned by takeNOW (PTY) LTD (“We”, “Us” or “takeNOW” . We are providing you with access to this Site and our Platform (together, our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise or services from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
In these Terms and Conditions, unless inconsistent with the context, the words and expressions below will bear the following meanings and similar expressions will bear similar meanings:
“takeNOW Group” means any subsidiary company or Affiliate of takeNOW Limited (registration number: K2022539986);
“takeNOW ” means takeNOW Proprietary Limited, with registration number: K2022539986;
“takeNOW WebApp” means the takeNOW Website Application where the takeNOW Products List may be viewed and may be accessed;
“takeNOW Supplier List” means the list of approved takeNOW Suppliers in relation to each Product which may be accessed via the takeNOW WebApp, under the Shop Page;
“Customer” means the Purchaser or a person who is duly authorized by the Purchaser, who makes the purchase or laybuy in accordance with these Terms and Conditions;
“Product” means the takeNOW Product as defined on the takeNOW.co.za WebApp, a further description of which will be available on each Product Page, such Products may include but is not limited to:
Face to Face / In Person Medical Consultations (with or without the option of Medication)
“Purchaser” means the person who purchases the Product and is thus entitled to the Services associated with such Product;
“Services” means the services associated with the Product as set out on the Voucher and or the Product description displayed on the takeNOW website;
“Terms and Conditions” means these takeNOW terms and conditions as amended from time to time;
The takeNOW Products are brought to you by takeNOW (Pty) Ltd, as defined in these Terms and Conditions.
These Terms and Conditions constitute an agreement between you (“the Patient” and/or “Purchaser” and/or “Member” and or “User” and or “Supplier”) and takeNOW. These Terms and Conditions shall apply to all natural and or juristic persons who purchase takeNOW Products and or utilize the Services and or the Platform.
You hereby acknowledge that you have read, understood and agreed to these Terms and Conditions. Your ability to access and use the takeNOW WebApp is conditioned upon your truthfulness with regards to the information you provide regarding your age, residence and contact information in the case of a Customer and your truthfulness with regards to your Supplier information and legal standing in the case of a Supplier.
Should you be purchasing the takeNOW Product on behalf of another person or animal (in case of a Veterinarian Product), you hereby confirm that you shall ensure that the Patient (if Human) is made aware of these Terms and Conditions to which they shall be bound. Where the Patient is a minor, who is unmarried and below the age of 18 years or an animal (in case of a Veterinarian booking), you (the Purchaser) hereby consent to these terms and condition on behalf of the Patient and hereby confirm that you are duly authorized to do so in both your personal and representative capacities and in so doing accept responsibility for the use of the Services in accordance with these Terms and Conditions on behalf of the minor or fur baby (animal) Patient.
Should you not understand or agree to these Terms and Conditions kindly, notify us here
Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site and or to use the software, network facilities, content and documentation exclusively on and in the Platform to the extent, and only to the extent, necessary to access and use the Platform. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving written permission from the other person. In exchange for your use of the Platform and, if applicable, in order for Members to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself. (ii) You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE, even as a result of your own negligence and you agree to release takeNOW and its owners, employees, agents and affiliates from any such liability.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if takeNOW has reasonable grounds to suspect that your Account information is untrue, inaccurate, not current or incomplete, takeNOW reserves the right to limit or cancel your access to the Platform and/or refuse any future request(s) to use takeNOW Platform. In such cases, you will agree to be responsible for directly contacting any Member outside of the Platform to maintain or continue receiving services from said member/s.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
All of the content available on or through the Platform is the property of takeNOW or its Holding Company if applicable and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
- remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- reformat or frame any portion of any Web pages that are part of this Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- post, use, store or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
- create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site;
- submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit, use, store or transmit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening, unlawful, libelous, defamatory, obscene; predatory of minors, harassing, threatening or hateful to any person or group;
- copy or store any User Content offered on this Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice. Neither takeNOW or its affiliates are under any obligation to respond to inappropriate messages posted on the Platform. You are solely responsible for the information or material you post on the Platform.
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items or services purchased by you on this Site pass to you upon receipt of confirmation sent to you via sms or email or any other electronic means.
We may charge sales tax / VAT for merchandise ordered or services booked on this Site based on the applicable state sales tax / VAT rate of South Africa.
We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.
We reserve the right to impose quantity limits on any order, reject all or any part of an order and to discontinue products without notice.
Any shipping or handling charges may or may not reflect actual costs. Only valid payment methods as listed on our Site, acceptable to us may be used.
By submitting your order or booking, you represent and warrant that you are authorized to use the designated card or method and authorize us or our Payment Gateway Providers to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
If you are purchasing a voucher, the expiration date for a Voucher will be displayed on the Voucher. takeNOW is not responsible if users do not redeem their Voucher before the expiration date. The Voucher is not redeemable for cash. takeNOW is not responsible for Vouchers delivered to an incorrect or invalid email address or phone number. Vouchers that are lost, stolen, destroyed, or used without permission shall be for your own cost and cannot be refunded or replaced. takeNOW has no obligation to resolve any dispute between you and any Retailer or third-party supplier of the Voucher.
All returns are governed by our Return Policy, which can be found at the takeNOW Returns Policy Page. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service is deemed restricted or prohibited.
A portion of the payment you make for the use of the Platform is used to compensate takeNOW for its software development, overhead, administrative Platform and other corporate costs and fees, including transaction fees. Regardless of any payments made, takeNOW is not, nor does it hold itself out as, your direct provider of the services noted on the Products or any other service provided by the Suppliers listed on takeNOW; that is the role of Supplier. The Supplier, offering its services through the takeNOW Platform, also compensates takeNOW for the use of the takeNOW Platform and for administrative fees.
You agree to pay all fees and charges (if applicable) associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates agreed upon between yourself and the Payment Provider from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the banking account or bank card you provided during the initial setup of your Account with the Payment Provider. You agree to maintain valid information in your Account with the Payment Provider so that you may be granted a larger amount of credit and to maintain a healthy credit profile for future purchases.
More information on the Layup Terms and Conditions
Medical and or Veterinarian Members / Supplier
Service Providers / Suppliers who use the Platform are not employees or agents of takeNOW.
Your relationship with the Supplier is strictly with the Supplier. takeNOWis not involved in the Supplier relationship and does not interfere, validate or control the Supplier’s treatment unless advocating on behalf of You when following up on a particular complaint. takeNOW encourages a holistic approach to your health and the choices You have to create the best medical journey that matches your individual needs.
Your takeNOW Supplier will provide you with health or health related services, guidance, and support. Other than those services, the Content accessed on the Platform, educational material, graphics, research sources, tutorials, videos, and other incidental information, should not be considered therapeutic and or medical advice. You should always talk to an appropriately qualified medical professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content serves as a replacement for health, mental health or medical treatment for yourself or any patient (human or animal) you are surety of.
The Content is only to be used to supplement the services provided by the Suppliers and is not designed or intended to suggest or advise that any medication or treatment is safe, appropriate, or effective for you or any person or animal. takeNOW does not endorse any specific tests, medications, products or procedures. Such endorsements can only be provided by your licensed health practitioner, veterinarian or any other Service Provider knowledgeable in that specific field.
User information regarding services provided on the Platform
takeNOW provides access to a wide variety of licensed professionals as Service Providers / takeNOW Suppliers. Your chosen Supplier will provide you with information regarding his or her training and will make the applicable ethical code available to you. You may ask for additional information regarding his or her qualifications directly.
As part of your treatment, your chosen Supplier will discuss your diagnosis and proposed treatment plans / Solutions. Solutions can have benefits and risks. You also have a right to seek alternative services or to not receive any services. Those options also have risks and benefits.
Communications between a User / Patient and Suppliers are privileged and may not be disclosed without your authorization except under specific, limited circumstances. Among these exceptions are reporting laws which require the Service Provider to report certain types of conduct to appropriate authorities. For example, any person who suspects that a child or incapacitated adult has been abused, neglected or exploited, must report it to authorities. In addition, the Service Provider must warn the police or likely victim of a Patient’s serious threat of physical violence to a person or property.
You have a right to access your records maintained on the Platform. If you are between the ages of 0 and 17, your parents have a right to request a copy of your records from the Platform. If you have more than one parent or Guardian with decision making authority, your Supplier or takeNOW will take steps to verify whether both parents/Guardians are in agreement about whether to release your records. If there is a disagreement, your records will not be released from the Platform, and your parents/Guardians will be asked to go to Court to determine how to proceed.
Your Service Provider is obligated to establish and maintain appropriate boundaries with past and present clients.
If you have any complaints about the treatment you have received by your Service Provider, you may contact his or her licensing board.
You can generally expect a response from your Service Provider within 24 hours on Monday through Friday. This response time excludes days your Service Provider designates as holidays. In the event that your Service Provider is offline for more than 24 hours during the business week for any other reason (holiday, vacation, personal day) your Service Provider is expected to provide you with reasonable notice.
If you seek additional services with your Service Provider, you are urged to contact your Service Provider, either directly or through the Platform, in order to obtain additional support. Typically your Service Provider will respond to your request within 48 hours. If you need more immediate attention, the Platform is not appropriate and you should go to your local emergency room or vet.
Any link (including a hyperlink, button, or referral device of any kind) used in the Platform is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by takeNOW, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to takeNOW. takeNOW does not endorse the content on any third-party websites. takeNOW is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. takeNOW does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components. You expressly agree that your use of the Platform and your reliance upon any of its contents is at your sole risk.
You shall be solely and fully responsible for any damage to the Platform or any computer system, any loss of data, or any improper use or disclosure of information on the Platform caused by you or any person using your username or password. takeNOW cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected information, advice, ideas, information, instructions or guidelines accessed through the Platform.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to to cease using the service, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES or licensor or supplier, or any third party who promotes the service or provides you with a link to the Platform, BE LIABLE for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Platform, whether under a theory of breach of contract, negligence, strict liability, malpractice or FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ or licensor or supplier, or any third party who promotes the service or provides you with a link to the Platforms’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT or in any way for your use of the Platform or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any Content, including as a result of their own negligence.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
Modifications to Site
If you download the Platform as a stand-alone software product or a WebApp, you agree that, from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or WebApp We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You may not assign, transfer, or subcontract this Terms or any right or obligation hereunder without takeNOW’s written consent.
Terms of Payment to Supplier
New Suppliers – Payment is made every Friday for consolidated services rendered and completed for the week.
Other Suppliers – Payment is made on request and upon confirmation from the Purchaser that services have been rendered and complete.
You agree to indemnify, defend, and hold takeNOW harmless from and against all losses, damages, liability, actions, judgments, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and other expenses of litigation), suffered, incurred, or asserted by or against Supplier (a) by reason of Supplier’s breach of a warranty, (b) by reason of Supplier’s breach of any term of this Agreement, or (c) by reason of personal injury, including death, or property damage sustained by the Patient / Purchaser and or a third party, resulting from or arising out of an act or omission of Supplier, or Supplier’s agents, employees, or contractors in fulfillment of this Agreement and services.
Gratuities/Kickbacks. Suppliers agrees not to provide or offer any representative, officer, director or employee of takeNOW, or any member of such persons family, any favors, gifts, gratuities or favorable treatment for the purpose of securing use of this Platform or any future business opportunities.