Welcome to Zebra Medical!

These terms and conditions (“Terms”) outline the rules and regulations for the use of Patient Medical Care (Pty) Ltd T/A Zebra Medical’s Website, located at https://zebramedical.com/.

By accessing this Website we assume you accept these terms and conditions. Do not continue to use Zebra Medical if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms: “Client”, “You” and “Your” refers to you, the person logging onto this Website.

“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the Republic of South Africa.

Our Services

At Zebra Medical, we import and distribute a range of speciality medical devices throughout Southern Africa primarily focused on Oncology, Acute Pain Management and Anaesthetics, Resuscitation, Ultrasound, Consumables (relating to the aforementioned including but not limited to catheter locks, trays, admin sets and ultrasound kits) together with the provision of professional services in the medical innovation space (“Services”).

To purchase from our Website, you do not need to register and create a profile but may choose to do for ease of future purchases. To register, you are asked to submit your email address, chosen password, shipping and billing address and payment card information.

When purchasing from the Website you agree to provide accurate, current, and complete information and to update this information as and when it changes.

To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and information. Please update your information through your account or contact us to view or change your personal information.

By sharing your personal information with us, you warrant that the person using the Website is you. You are responsible for the information you provide, and all the actions taken on the Website.

Please see our Privacy Policy for more details on how we use and processes your personal information.

Payment Terms

To purchase from our Website, you must use the relevant links and prompts and pay the total purchase price listed when you checkout. This will initiate a contract of sale between you and Zebra Medical.  

For bulk purchases or access to a credit facility, please contact us at sales@zebramedical.com and we will engage with you directly. 

All prices will be displayed in South African Rands (ZAR). We will email you a tax invoice for your transaction once an order is fulfilled.

All advertised prices are inclusive of Value Added Tax (“VAT”), delivery charges and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a transaction, will be clearly indicated to you upon check-out.

We are committed to providing secure online payment facilities. Payment can be made using all major payment cards or by way of EFT on request. All transactions are secured by our payment service provider, PayGate, who uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) with no card details stored on the Website. You may go to www.paygate.co.za to view their security certificate and security policy. We will store personal information separately from card details which you enter on DPO PayGate’s secure website.

Conditions of Sale

The colour of any product images appearing on the Website may differ from the actual product, depending on the lighting of the image and the resolution of the screen you are viewing the Website on or other factors beyond our control. We cannot be held liable where the colour of any product received differs slightly from the colour displayed on the Website.

You may place an order for any product, which we may accept or reject. Acceptance of an order depends on product availability; the correct information being displayed about the product (its price and composition) and receipt of payment or payment authorisation by us.

We will indicate the acceptance of your order by sending you an order confirmation. However, notwithstanding the aforengoing, a valid contract of sale will only arise upon our authorised courier partner (“courier”) delivering the product to you. Only at that point upon physical delivery accompanied by a signed POD will an agreement of sale between us come into effect (the “sale”). Where we cannot fulfil your order, we will indicate this to you by cancelling it by way of email confirmation and, as soon as possible thereafter, refunding you for the amount you paid.

Prior to delivery, you may cancel an order at any time by contacting us directly sales@zebramedical.com. After delivery, you may return any product only in accordance with the return terms below.

Placing any product in your shopping cart without completing the purchase will not reserve the item for you and will not constitute a sale. Items may therefore be removed from your shopping cart if stock is no longer available, or the price might change without notice to you. You cannot hold us liable if such products are not available or if not available at the same price when you complete or attempt to complete your purchase.

You acknowledge that stock of all products on offer is limited, and that pricing may change at any time without notice to you. We cannot guarantee the availability of stock. When products are no longer available after you have placed an order, we will notify you and you will be entitled to a full refund of any amount already paid by you for such product.

We take all reasonable efforts to accurately reflect the description, availability, composition, materials, product origins, purchase price and delivery charges of our Services on the Website. However, should there be any errors of whatever nature on the Website (which are not due to our gross negligence or fraud), we will not be liable for any loss, claim or expense relating to a transaction based on any error.

You must pay the full price of the product to reserve and purchase the product. All products sold are final, subject to the return terms below.

After placing an order, you will receive an automated response confirming your order, as well as an invoice for the transaction.

You may contact us via email to obtain a full record of your transactions. We may also send you additional email communications about your order and payment where required.

Shipping and Returns

Once a product is purchased, we will send you an automated e-mail confirming the sale and shipping address.

A product will be shipped with a tracking number to your shipping address. Shipping time and costs will vary depending on your location relative to where the product is shipping from. Our courier will communicate with you directly to indicate the shipping time and any taxes that may be applicable to your order.

If you have placed an order that you wish to change or cancel, please email us directly at sales@zebramedical.com. If the order has not yet been processed, you will receive a full refund. If your order has already been processed, then our return provisions are applicable.

You will be responsible for the shipping costs, including but not limited to any courier costs, export/import taxes/duties and release fees for all orders placed as well as requested returns. Our delivery charges are subject to change at any time, without prior notice to you. Please check the Website for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.

Our obligation to deliver a product to you is fulfilled when we deliver the product to our courier who will deliver the product to you. We are not responsible for any loss or unauthorised use of a product, after the courier has delivered the product to the address you nominated for delivery.

Failure to accept delivery of your order at your nominated address will result in a re-delivery at your expense.

Responsibilities and Warranties

By using the Website and/or the Services, you warrant that:

• you have read and agreed to these Terms and will use the Website in accordance with them;
• you have not made any misrepresentations and the information provided in the registration or purchase process about you and/or your company is true, accurate and complete in every aspect;
• you understand that our products are specialised devices made specifically for the medical industry and must be used for the purpose for which they were manufactured;
• you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
• you lawfully possess and submit all information to Zebra Medical for its use thereof to provide the Services;
• you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, or in breach of privacy;
• you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
• you will not infringe upon the intellectual property or other rights of any third party and/or or Zebra Medical or transmit content that you do not own or do not have the right to publish or distribute;
• you will not use the Website for any commercial purpose other than as expressly provided for by Zebra Medical herein;
• you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
• you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Zebra Medical to manifest all of its rights in the case of breach, including but not limited to denying you access to the Website, reporting your actions to an applicable authority, or instituting legal proceedings against you.

The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Website.

Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Website where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

We do not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

Messages and Advertising

Data messages, including email messages, you send to us will be considered as received only when we acknowledge or have responded to these messages.

Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

Intellectual Property

Unless otherwise stated, Zebra Medical and/or its licensors own the intellectual property rights for all material on Zebra Medical. All intellectual property rights are reserved. You may access this from Zebra Medical for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Zebra Medical
• Sell, rent or sub-license material from Zebra Medical
• Reproduce, duplicate or copy material from Zebra Medical
• Redistribute content from Zebra Medical

Parts of this Website offer an opportunity for users to post and exchange opinions and information in certain areas of the Website. Zebra Medical does not filter, edit, publish or review Comments prior to their presence on the Website. Comments do not reflect the views and opinions of Zebra Medical, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Zebra Medical shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

Zebra Medical reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Zebra Medical a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).

Subject to adherence to the Terms, we grant to you a personal, revocable, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written consent.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not be construed unfavourable vis-a-vis ourselves nor to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Zebra Medical; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our Website, you must inform us by sending an e-mail to Zebra Medical at sales@zebramedical.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Zebra Medical’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that that may arise from such content on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer and Indemnities

Disclaimers

The Website and Services, including intellectual property appearing therein, are provided "as is" and "as available". We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Website or the Services.

All content, information, and/or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Zebra Medical. While we make every reasonable effort to present such information accurately and reliably on the Website we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Website.

Zebra Medical, its shareholders, directors, employees, partners, and affiliates accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered.

Zebra Medical, its shareholders, directors, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.

We take reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website offline. However, we do not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Website remains solely at your own risk, and you should take your own precautions accordingly.

Indemnities

You indemnify and hold harmless Zebra Medical, its shareholders, directors, employees, consultants, partners and affiliates from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Website and/or Services offered or any transaction concluded through the Website in any way.

You agree to indemnify, defend, and hold Zebra Medical, its shareholders, directors, employees, consultants, partners, and affiliates harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.

This clause will survive termination of these Terms.

Dispute Resolution

Should any dispute, disagreement or claim arise between you and Zebra Medical concerning the use of the Website or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.

If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Zebra Medical.

Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

Termination of Use

IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR SERVICES/PLATFORM IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

If you wish to terminate your agreement with us and these Terms, you may do so by ending your use of the Services and our Website. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.

Notices and Service Address

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

in the case of Zebra Medical, at sales@zebramedical.com; or

in the case of the Client, at the e-mail, contact number, and addresses provided when registering/purchasing with us.

Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

Company Information

Site owner:                              Patient Medical Care (Pty) Ltd t/a Zebra Medical

Legal status:                           Private Company

Registration number:           2017/343618/07

Description of business:      Medical Device Supplier

Platform address:                  www.zebramedical.com

Email address:                        sales@zebramedical.com

Telephone number:               011 805 0968

Registered address:              Unit 1, Pendulum Park, 662 Richards Drive,

                                        Midrand, Gauteng, 0132

Postal address:                      As above.

General

Relationship Between the Parties - The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party. 

Force Majeure - If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.

Change Without Notice - The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Entire Agreement - This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

No Indulgence - No indulgence, leniency or extension of time granted by Zebra Medical shall constitute a waiver of any of Zebra Medical’s rights under these Terms and, accordingly, Zebra Medical shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

Importation of Words - Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

Headings as Reference - The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate. 

Governing Law - Your access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Failure to Pay - In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Zebra Medical in relation to the payment failure or breach.

Severability - Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision - No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision").  Any breach of any such Prohibited Provision shall be governed by the provisions of severability above.