Terms of Use MDS Vetsite

These terms and conditions relate solely to the use and / or navigation of our website. The words "You" or "User" "Your" as used herein refer to all individuals accessing or using the Website for any reason. By using the Website, You represent that you have read and agree to be bound by the terms of this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein, collectively referred to as "Terms of Use". These Terms of Use set out the legally binding terms with respect to your access and use of the Website and our provision of the Services (as defined below). Please read these Terms of Use carefully. Your access to the Website and/or use of the Service constitutes your acceptance of all the provisions of these Terms of Use.

1. DEFINITIONS AND INTERPRETATIONS
   • "Account" means the account successfully opened by you the User or existing on our Company's Website by inserting information as required to be filled in the webpage during the registration process. This information is paramount to an effective establishment of your information on our site.
   • "Company" means Molecular Diagnostic Services (PTY) Ltd.
   • "Customer" means any User who accesses the company website and who completes the registration protocol or any person who has submitted a sample, intended to be tested by the Company.
   • "Fee" means the price prescribed by the Company for the services as advertised on the website and/or by quotation if requested or as necessary;
   • "Request" means the request as logged by you the user/ the Company for services to be rendered which request shall be assigned a reference for services otherwise known as your “order”.
   • "Registration Process" means the entire process which a Customer/User undergoes while registering on the Website.
   • "Services" means the services as advertised on the Company Website as ascribed to by the user;
   • "User" means any person who accesses the Website and / or registers his / her / its details for the provision of services.
2. INTERPRETATION

In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses nd sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or sub-clause or such other time limit which may be mutually agreed by the parties in writing.

3. ELIGIBILITY

By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. You also represent and warrant to the Company that you will use our website in a manner consistent with any and all applicable laws and regulations.

4. SERVICES

The services provided shall be in accordance with the highest degree of quality control and, shall be completed (in so far as possible) within the estimated timeframes.

5. SAMPLE SUBMISISON AND REQUESTS
   • All services can only be affected on identified samples, therefore any unidentified samples shall not be tested. It is the obligation of the user only, to submit identified samples.
   • Unless where clear instructions are provided, if multiple sample types are submitted for testing, customers will be charged for each test performed per sample type;
   • The reported test result/s will relate only to the specific sample submitted.
   • Each test done by the Company is internally controlled to validate the testing process and the collected sample. However, this mechanism does not allow us to validate "pooled" samples. We therefore discourage "pooling" of samples. In addition to this, pooled samples (5 samples maximum) prepared by the Company will be by request only and will incur a surcharge, per pool made. Furthermore, pooled sample results cannot be warranted under our terms of use as contemplated herein.
6. PAYMENT
   • All payments are to be made strictly as per the payment terms contemplated on our invoices generated to wit strictly on presentation of invoice;
   • Payment and /or proof of payment is required with all samples submitted or are to be made before test results are released.
7. REFUND AND CANCELLATION POLICY
   • Termination of or changes to the test requests are required in writing; and
   • Customers will only be reimbursed if the test request is cancelled before testing has commenced.
8. DELIVERY OF RESULTS
   • The company will endeavour to meet any and all time frames applicable. The time frames for each and every test vary and it is up to the Client to enquire as to the time frames and expectation of release dates for samples submitted.
   • It is further an obligation of you the user to ensure that your details are correctly submitted so that the results are appropriately released. The company takes no responsibility for any delays experienced in the event that your details have been erroneously entered.
   • Every result released by the Company is independently verified by an authorised signatory. Please note that the actual result and client / animal details included in the report cannot be changed as same would have been internally verified.
9. LIMITATION ON LIABILITY
   • The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation
   • Should the Company return a verifiable erroneous result for a particular sample, or if negligence is proven on the part of the Company, any claim against the Company is limited to the amount paid or to be paid to perform the test in question. In no event shall the Company be liable for direct, indirect, incidental, consequential, special or other damages.
10. INDEMNITY

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Website, (ii) your use of the Services, (iii) the violation of these Terms of Use by You, or (iv) the infringement by You, or any third party using Your account or User ID or password, of any intellectual property or other right of any person or entity.

11. PRIVACY

Use of the Website and/or the Services is also governed by our Privacy Policy.

12. CONFIDENTIALITY

For the purpose of this Agreement and attachments thereto and all renewals, "Confidential Information" means all information (including any information relating to the Account, username or password etc.), methods developed for analysis, examination and verification and other such details (the "Disclosing Party") or, which may be supplied to or may otherwise come into the possession of the other (the "Receiving Party"), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.

The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions with regard to protecting Confidential Information from any third party.

Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

All information and data submitted by the User shall become the property of the Company and all such information shall be disclosed in accordance with the Terms of Use.

The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time, if Company provides such an option.

All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.

If the User is neither a genuine Customer nor an intended recipient and are using or accessing the Website to gain Confidential Information and if such a User has obtained access to the Confidential Information, it shall be a breach of this Agreement and shall be kept absolutely confidential. Any use or divulgence of such Confidential Information by such User, shall entitle the Company to inquire and investigate and seek legal remedy against such User including to seek temporary and permanent injunction.

13. MISCELLANEOUS

Governing law and Dispute Resolution- This Agreement and Terms of Use shall be governed by and constructed in accordance with the laws of South Africa only without reference to conflict of laws principles and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Republic of South Africa.

Assignability -The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, You shall not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from the Company.

Severability - If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

Waiver - Failure by the Company to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

14. COMMUNICATION WITH THE CUSTOMERS/USERS

When you visit the Website or use it to send emails/SMS, provide information or communicate to us, You understand and agree that you are communicating with us through electronic records. You hereby provide your consent to receive communications via electronic records from us periodically or as and when required. Further, you allow us to communicate with you through email or by such other mode of communication, electronic or otherwise as the need may be.

These "Terms of Use" and "Privacy Policy" of the Website constitute a binding agreement between You and the Company, and is accepted by You upon your use of the Website.

Welcome to our Vetsite. By continuing to use this Vetsite and our services, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy serve as the record of a service agreement between MDS and you ("the Customer") whether you use our MDS Vetsite to place a test request, known as "an order", or whether your “order” is logged by MDS staff when a hardcopy request is submitted with samples:

1. Our terms and conditions must be accepted before "an order" will be processed. MDS will use all reasonable endeavours to complete the services within the estimated time frames of the specific test and to meet the customer`s requirements and expectations of quality.
2. The following terms will apply to each order submitted:
   • Payment and/or proof of payment is required with submitted samples or before the release of results;
   • Samples not clearly identified will not be tested;
   • When multiple sample types are submitted for testing, customers will be charged for each test performed per sample type unless clear instructions are supplied;
   • The reported test result/s will relate only to the specific sample/s submitted;
   • Each test done by MDS is internally controlled to validate the testing process and the collected sample. However, this mechanism does not allow us to validate "pooled" samples. We therefore discourage "pooling" of samples. Pooled samples (5 samples maximum) prepared by MDS will be by request only and will incur a surcharge, per pool made;
   • Termination of or changes to the test request is required in writing; and
   • Customers will only be reimbursed if the test request is cancelled before testing has commenced.
3. Result reporting:
   • The result/s shall only be released if acceptance of the MDS Terms and Conditions is on record/ logged on the Vetsite;
   • Every result generated by MDS is individually verified and a Final Report is authorised by an authorised signatory.
   • Standard citation is used on the report for comments on the results;
   • Should MDS return a verifiable erroneous result for a particular sample, or if negligence is proven on the part of MDS, any claim against MDS is limited to the amount paid or to be paid to perform the test in question. In no event shall MDS be liable for direct, indirect, incidental, consequential, special or other damages of any nature whatsoever even if MDS has been informed of the possibility of such damages being suffered.
   • Needles are inherently dangerous and because needles are used outside of MDS' control, MDS will in no circumstances be liable for any damages or injury caused by needles, the user accepting full responsibility for the use and safe disposal of the needles, which are used entirely at the user`s risk.
   • We realize the importance of confidentiality in the services we provide and undertake to abide by our Privacy Policy.

ADM HR-0050-4