1. Introduction
Welcome to this Website, owned and operated by Cheryl Gaynor Physiotherapy Inc. (referred to in this document as “the Company”). These Terms and Conditions of use set out the terms that regulate the use of www.cherylgaynorphysio.co.za (referred to in this document as the “Website”) by the user.
2. Acceptance of Terms
These Terms take effect as soon as you access the Website and form a binding agreement between the Company and yourself. The current version of these Terms governs both the Company’s and your rights and obligations each time you access this Website. If you do not agree with any provision contained in these Terms, you must immediately stop using the Website. Your continued use of the Website will mean that you have read, understood, and agree to the provisions of these Terms.
3. Use of the Website
By accessing the Website, you warrant that:
- your use of the Website is for lawful purposes;
- you are over 18 years of age; and
- you can legally conclude an agreement with the Company.
You further warrant that you will not contravene any South African or international laws by using the Website, any services offered on the Website, or any information provided to you by the Company through your use of the Website. Except as expressly authorised by these Terms, you may not use, alter, copy, distribute, or transmit any content contained on this Website.
4. Use of Information
The Company conducts its business in accordance with South African legislation applicable to its business. One aspect of such legal compliance relates to data protection. The Company values the privacy of your information and will protect your personal information in accordance with applicable laws and regulations, including the Protection of Personal Information Act No. 4 of 2013 (POPIA).
By using the Website, you acknowledge, agree, and consent to the Company, its suppliers, or any person authorised on its behalf, using your personal information for any purpose necessary for you to use the Website, or for the Company to render any service to you via the Website.
5. Amendment of Terms
The Company reserves the right to amend these Terms at any time. Whenever the Company makes any amendments to these Terms, the amended Terms will be posted on this page, together with an indication of the date on which the Terms were last revised. You agree to review these Terms for any such amendments whenever you visit the Website. Should you not agree to any amendments to these Terms, you must immediately stop using the Website.
6. User Content (If Applicable)
There are certain areas on the Website that allow users to upload questions, data, and other information. As a user, you are responsible for the content that you upload, display, and add to the Website. The Company will not review any user content.
You agree not to add any user content that:
- contains information that is not legally permitted;
- you do not have a right to make available under any law or contractual relationship; or
- you know to be incorrect.
You further agree that any user content you add to the Website does not violate any third-party rights.
7. Copyright and Intellectual Property Rights
For purposes of these Terms, Intellectual Property Rights means all intellectual property rights, including patents, designs, copyright, trademarks, trade secrets, know-how, applications and registrations, renewals, and extensions.
Unless otherwise specified in these Terms, all content contained on the Website, or incorporated or embedded in any service offered on the Website — including software, images, text, graphics, illustrations, logos, branding, and photographs — together with all Intellectual Property Rights in such content, belongs exclusively to the Company. You agree that you will at no time lay claim to the Company’s content or to any Intellectual Property Rights subsisting in it.
Except as explicitly provided in these Terms, nothing shall be deemed to create a licence to any Intellectual Property Rights belonging to the Company, and you agree that you will not:
- modify, port, translate, localise, or create derivative works of the Company’s content;
- decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, interface techniques, or algorithms contained in any Company content;
- disclose any of the Company’s content;
- sell, lease, license, sublicense, copy, market, reproduce, transmit, or distribute the Company’s content; or
- knowingly take any action that would cause any Company content to be placed in the public domain.
You understand and acknowledge that you may be exposed to user content that is inaccurate, misleading, or offensive. You agree that the Company will not be liable for any damages you allege to incur as a result of exposure to such user content.
8. Disclaimer of Warranties and Liabilities
The Company does not make any warranties, statements, or guarantees regarding the Website or any services offered on it. The Website and its content are provided on an “as is” basis. Use of the Website, any Company content, and any service offered is entirely at your own risk.
The Company makes no warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the foregoing, and takes no responsibility for any errors, omissions, or inaccuracies on the Website or in its content and services.
Neither the Company nor its shareholders, directors, or employees (“Indemnified Parties”) will be responsible for any loss, harm, damage, or expense suffered by you or any third party attributable to your access to and use of the Website, or any information contained on or received via the Website.
The Indemnified Parties will not be liable for any loss of business, data, or profits, failure or unavailability of the Website for any reason, or failure by any third-party service provider to render any service necessary to ensure the Website’s availability.
You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage, or expense suffered by you or any third party arising from or attributable to any of the above.
9. Indemnity
In addition to the warranties and indemnities set out above, you agree to hold the Indemnified Parties harmless from any claims, damages, obligations, losses, liabilities, costs, debt, and expenses arising from:
- your violation of any provision of these Terms;
- your violation of any third-party right, including any Intellectual Property Right or other property or privacy right; or
- any claim that your user content caused damage to a third party.
10. External Links
External links may be provided for your convenience; however, the Company makes no representations about any third-party website or its content. Use of any external links is entirely at your own risk. It is your responsibility to ensure that you obtain all relevant information and that you read the privacy and security policy displayed on any third-party website. The Company has no control over such third-party websites and will not be liable for any loss or damage you may suffer as a result of using them.
11. Governing Law
These Terms are governed by the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa, that provision will be severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
Last revised: [23 July 2026]
