Website Terms & Conditions

1. Acceptance and scope

These Website Terms & Conditions (the Terms) form the website user agreement between Blue White Medical (Pty) Ltd, trading as Blue White Medical (Blue White Medical, we, us or our), and every person who visits or uses our website, social-media pages or other online platforms that link to these Terms (collectively, the Website).

By accessing or using the Website, you agree to these Terms. If you do not agree, please stop using the Website. If you use the Website on behalf of an organisation, you confirm that you are authorised to do so.

The Website is intended primarily for business users, healthcare facilities, healthcare professionals, suppliers and other adults. A person under 18 should use it only with the involvement and permission of a parent or legal guardian.

2. Company and contact details

The Website is owned and operated by Blue White Medical (Pty) Ltd.

3. Website purpose

The Website provides general information about Blue White Medical, our products, services, repair capabilities, manufacturing activities, compliance credentials and contact channels. It may also allow you to submit an enquiry, request a quotation or contact our team.

Website content is provided for general information and marketing purposes. It does not, by itself, constitute a binding offer, quotation, contract, professional recommendation or guarantee that a particular product or service is available or suitable for a specific purpose.

4. Medical and product information

Blue White Medical supplies and services medical equipment, but the Website does not provide medical diagnosis, treatment or patient-specific clinical advice. Website content must not replace the judgement of appropriately qualified healthcare professionals or the instructions, warnings and specifications supplied by the relevant manufacturer.

Product photographs, specifications, descriptions and illustrations are intended as general guides. Actual products, finishes, components and specifications may differ, and manufacturers may update products without notice. Suitability must be confirmed for the intended facility, procedure and use before ordering or using a product.

5. Quotations, orders and separate terms

Prices, product information or service information displayed on the Website are not a binding quotation and may change without notice. Submitting an enquiry or quotation request does not require Blue White Medical to accept an order or perform work.

Products, repairs, manufacturing work and other services may be governed by a written quotation, purchase order, service agreement, warranty terms, manufacturer terms or our separate Quotation Terms. If a specific written agreement conflicts with these Website Terms, the specific agreement will govern that transaction to the extent of the conflict.

No order or instruction is binding on Blue White Medical until it has been accepted by an authorised representative in the manner required by the applicable quotation or agreement.

6. Website content and changes

We take reasonable steps to keep Website content useful and accurate, but information may occasionally be incomplete, outdated or incorrect. To the extent permitted by law, Website content is provided on an “as available” basis without a guarantee that it will always be complete, accurate or suitable for a particular purpose.

We may update, correct, suspend, remove or discontinue any part of the Website, its functionality or its content without notice. We are not obliged to keep any particular item, price, service or feature available.

7. Third-party websites and services

The Website may link to or use services operated by third parties, including manufacturers, distributors, maps, social-media platforms, WhatsApp, analytics, payment services or other websites. Links are provided for convenience and do not necessarily mean that Blue White Medical endorses the third party or its content.

Third-party websites and services are controlled by their operators and may have their own terms and privacy notices. To the extent permitted by law, Blue White Medical is not responsible for their availability, security, content or independent conduct. You use them at your own discretion.

8. Acceptable use

You may use the Website only for lawful information, enquiry and business purposes. You must not:

• use the Website in a way that violates any applicable law or the rights of another person;
• gain or attempt to gain unauthorised access to the Website, an account, server, database, network or connected system;
• introduce malware, malicious code, automated attacks or anything that may damage, overload or interfere with the Website;
• circumvent security measures, probe vulnerabilities or intercept data without lawful authority;
• scrape, harvest or systematically extract Website content or personal information except where the law permits it or we have agreed in writing;
• impersonate another person, misrepresent your authority or submit false, misleading, abusive, defamatory, obscene or unlawful material;
• remove copyright, trademark or other proprietary notices; or
• copy, reproduce, adapt, reverse engineer, distribute, sell or commercially exploit the Website or its content except as these Terms or the law permit.

9. Security

We may take reasonable measures to protect the security, integrity and reliability of the Website and our supporting systems. We may block traffic, restrict access, preserve evidence or take other appropriate action where we reasonably suspect misuse, a security threat or unlawful conduct.

Unauthorised access, interference with data or systems, unlawful interception and related conduct may constitute offences under the Cybercrimes Act 19 of 2020 or other applicable laws. We may report suspected offences to the relevant authorities.

You are responsible for using appropriate security measures on your own device and network. Please do not send patient records, passwords or unnecessary sensitive information through general website forms, email or WhatsApp.

10. Intellectual property

The Website and its content—including text, photographs, graphics, logos, trademarks, product information, layouts, designs, software and databases—are owned by or licensed to Blue White Medical and are protected by South African and international intellectual-property laws.

You may view, temporarily download and print reasonable extracts for personal, internal business or information purposes. You may not reproduce, republish, modify, distribute, frame, sell or commercially exploit Website content without our prior written permission, unless the law expressly permits it.

All rights not expressly granted in these Terms are reserved. Third-party names, brands and product marks remain the property of their respective owners.

11. Submissions and communications

If you submit an enquiry, comment, suggestion, photograph, testimonial or other material, you confirm that you are entitled to submit it and that it does not infringe another person’s rights or contain unlawful material.

Unless we agree otherwise in writing, general suggestions and feedback are not confidential. This does not apply to personal information, which is handled under our Privacy Policy, or to confidential commercial information that we have expressly agreed to receive in confidence.

Electronic communications can be delayed, intercepted or sent to an incorrect address. An email, form submission or WhatsApp message should not be treated as received or accepted until Blue White Medical acknowledges it where acknowledgement is reasonably required.

12. Privacy and cookies

Our processing of personal information is governed by our Privacy Policy. The use of cookies and similar technologies is described in our Cookie Policy. Those documents form part of the legal framework governing your use of the Website.

By using the Website, you do not waive any right granted to you under the Protection of Personal Information Act 4 of 2013 (POPIA) or another applicable law.

13. Disclaimers and limitation of liability

Nothing in these Terms excludes or limits a right or remedy that cannot lawfully be excluded or limited, including rights that may apply under the Consumer Protection Act 68 of 2008.

Subject to that qualification and to the fullest extent permitted by law, Blue White Medical does not warrant that the Website will be uninterrupted, error-free, secure or free from harmful code, or that Website content will meet every user’s requirements.

Blue White Medical will not be liable for indirect, incidental, special or consequential loss arising solely from the use of, inability to use, or reasonable reliance on the Website, where the law permits that limitation. Our liability relating to products or services is governed by the applicable quotation, agreement, warranty and mandatory law.

You are responsible for losses reasonably suffered by Blue White Medical as a direct result of your unlawful use of the Website, your deliberate infringement of another person’s rights or your material breach of these Terms.

14. Restriction and termination

We may restrict, suspend or terminate access to all or part of the Website where reasonably necessary to protect the Website, our rights, other users or the public; investigate suspected misuse; perform maintenance; comply with law; or respond to a material breach of these Terms.

Restriction or termination of Website access does not affect rights or obligations that arose before the restriction or that are intended to continue, including intellectual-property, liability and governing-law provisions.

15. Changes to these Terms

We may update these Terms to reflect changes to the Website, our activities or applicable law. The latest version will be published on the Website with its effective date. Material changes may also be communicated by another reasonable method.

Your continued use of the Website after updated Terms take effect means the updated Terms apply to that use. Changes will not retrospectively alter a transaction already governed by an accepted quotation or other binding agreement unless the parties lawfully agree otherwise.

16. Notices and contact

General questions about the Website or these Terms may be sent to info@bwmed.co.za. Sales and quotation enquiries may be sent to sales@bwmed.co.za.

A formal notice to Blue White Medical should be delivered to the physical or email address listed in section 2 and clearly marked for attention. We may send notices to an email or physical address you have supplied, subject to any different notice provisions in a specific agreement and applicable law. A communication actually received will be valid despite a technical defect in delivery.

17. Governing law and general

These Terms are governed by the laws of the Republic of South Africa. Subject to any mandatory consumer right or agreed dispute process, disputes relating to the Website will fall within the jurisdiction of the competent South African courts.

If a provision is found unlawful or unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue. A delay in enforcing a right is not a waiver of that right.

You may not transfer your rights or obligations under these Terms without our written consent. Headings are for convenience and do not affect interpretation. These Terms, together with the policies and specific agreements referred to in them, record the agreement governing the subject matter they cover.