ICanFunction Health (Pty) Limited and FIRE diabetes in 40 days Terms and Conditions (‘TERMS’)

Updated: 19 October 2021 

Participation

ICanFunction Health (Pty) Limited (hereinafter ‘ICFH’, ‘WE’, ‘US’, ‘OUR’ or the ‘COMPANY’) is a private company with the vision to democratise health information, by making knowledge and understanding more accessible to all, and to empower each person to take ownership of own health data. The ICFH mission is to deliver a service by way of a training course to you as an individual participant (‘YOU’, ‘YOUR’, ‘PARTICIPANT(S)’) by way of mHealth technologies, essentially personalised mobile digital information technology, that are person-centred (‘Pc’) and can assimilate health information for the individual in the format of a prototype personal electronic health record (‘pEHR’). Fight Insulin Resistance Easily (FIRE) is a 40-day programme with dual objectives, namely information-sharing, training, and self-learning in health matters with a holistic approach, as well as demonstration of a prototype pEHR for individual PARTICIPANTS of the recording of their own personal information.

Conditions for access to FIRE Programme and use of the SERVICE 

Please read these Terms and Conditions (‘TERMS’, ‘TERMS AND CONDITIONS’) carefully before using the www.FIREdiabetes.com website and participate in the FIRE Programme (together the ‘SERVICE’) presented and operated by ICFH. YOUR access to and use of the SERVICE is conditional upon your acceptance of and compliance with these TERMS. These TERMS apply to all PARTICIPANTS, as well as any visitors and others who access or use the SERVICE. By accessing or using the SERVICE, YOU agree to be bound by these TERMS. If YOU disagree with any part of the TERMS, then YOU may not access or use the SERVICE. WE may apply a pre-screening for prospective participants and, for that purpose, use YOUR information regarding YOUR medical condition and status to determine whether there are disqualifications for access to the FIRE programme and use of the SERVICES, essentially such that, in OUR sole discretion, would not be possible without supervision by YOUR physician or other medical service providers.

Subscription and Fees 

Although certain parts of the SERVICE may be provided to you on a no-fee, free and gratis basis, relevant and complete transaction information will still be recorded in the format of a zero-fee amount subscription. Certain parts of the SERVICE are billed on a subscription basis (‘SUBSCRIPTION(S)’). YOU will be billed in advance with a once-off commitment fee, thereafter monthly on a recurring basis. For administration of SUBSCRIPTION payments, please refer to the full disclosure section (below) with terms and conditions on Payment Transactions. As the SERVICE, the FIRE Programme and/or related parties may at times make available to and offer YOU any products or services for purchase (‘PURCHASE’), the YOU may be asked to supply certain information relevant to YOUR PURCHASE. For administration of PURCHASE payments, please refer to the full disclosure section (below) with terms and conditions on Payment Transactions.

Refunds 

Participants in the FIRE programme are entitled to a full no-questions-asked refund within thirty (30) days of first signing up. Let us know in writing of your intention to cancel.

Ownership of Content 

The FIRE Programme is an information-rich SERVICE that makes available to YOU certain information, text, graphics, videos, or other material (‘CONTENT’), including contributions from related service providers. Ownership and the intellectual property rights (‘IPR’) of such CONTENT belong to ICFH, not the relevant contributor. As part of OUR SERVICES, YOUR personal information is shared by YOU as curated for the FIRE Programme and recorded by US, such as: registration and personal details; demographics; health parameters (codified in terms of the International Classification of Functioning, Disability and Health (ICF), ICD-11, and related classifications), FIRE Programme metrics, service providers, chronic medicine and treatments; personal goals for improvement, and the communities that YOU may belong to. YOUR personal information is assimilated into YOUR own pEHR and can only be referenced by YOUR unique personal code. Ownership of YOUR pEHR and the related IPR belong to YOU. This method of doing business is a technology innovation that WE pursue on a best endeavours basis, therefore its feasibility is still unproven and may require ongoing iterations to improve and attain successfully. YOU may request that WE disclose to YOU the information in YOUR personal records, such as the pEHR (but not restricted to that) and/or provide YOU with an electronic copy of YOUR information records. For administration of such disclosure requests, please refer to the full disclosure section (below) with terms and conditions on Payment Transactions.

Third Party Service Providers 

WE use certain third-party services and platforms for communication with PARTICIPANTS, such as email, text messages and appropriate social media tools or widgets. OUR SERVICE may contain links to third-party web sites or services that are not owned or controlled by ICFH. ICFH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. YOU further acknowledge and agree that ICFH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Disclosure of YOUR Information 

WE do not disclose your information to any third parties. If PARTICIPANTS receive promotional content, commercial information, or advertisement, then it would typically be in context of and to support specific aspects of the FIRE Programme. Such information or context will be applicable for the whole programme group (not be targeted on individual profiles).

Termination and De-Activation 

YOU may elect to stop participation in the FIRE Programme at any time. YOU may elect to delete YOUR personal information. Please note that while your requests for deletions apply to active databases and information content, WE may retain YOUR information for legal purposes, by way of backups and archiving. Once YOU terminated your participation in the FIRE Program, then you may unsubscribe at your any time from OUR communications to support the SERVICES. ICFH has the right, under applicable circumstances, to suspend a PARTICIPANT or de-activate, delete and/or terminate an account, where such circumstances that may include (but not restricted to): breach of these TERMS; abusive behaviour; content or behaviour detrimental to other PARTICIPANTS, or at the expense of their safety and well-being; violation of community standards; sharing information that is unlawful, misleading, discriminatory or fraudulent; infringement on other PARTICIPANTS’ or other individuals’ rights; conduct that may disable, overburden or impair the workings of the SERVICES; attempts to access information or data for which the PARTICIPANT does not have authorisation; a breach of trust; and/or a breakdown in a working relationship between a PARTICIPANT and ICFH. For administration of such de-activation or termination event, ICFH may, from time-to-time, implement additional and expanded terms and conditions.

No warranties 

The SERVICES and the FIRE Programme are provided on a best endeavours basis, with all faults or short-comings, and ICFH expresses no representations or warranties, of any kind related to the SERVICES or the materials and CONTENT provided.

Limitation of liability 

In no event shall ICFH, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of the SERVICES, whether such liability is under contract. ICFH, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of the SERVICES.

Indemnification 

YOU hereby indemnify to the fullest extent ICFH from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to YOUR breach of any of the provisions of these TERMS. SeverabilityIf any provision of these TERMS is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Assignment 

ICFH is allowed to assign, transfer, and subcontract its rights and/or obligations under these TERMS without YOUR approval, but with notification to YOU. However, YOU are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these TERMS.

Entire Agreement 

These TERMS constitute the entire agreement between YOU and ICFH with regard to YOUR use of the SERVICES, and supersede all prior agreements and understandings.

Modifications 

WE reserve the right, at OUR sole discretion, to modify or replace these TERMS at any time. If a revision is material, then WE shall endeavour to provide at least 30 (thirty) days’ notice prior to any new TERMS taking effect. By using the SERVICES, please note that YOU are expected review these TERMS on a regular basis.

Contact US

 If YOU have any questions about these TERMS, please contact US.