1. PRELIMINARY
1. Subject to the terms and conditions stated herein, Matters Medical Television (Pty) Limited (“MMTV”) provides the service referred to in clause 2 below (the “Service”).
2. These terms and conditions are binding on any person that use the Service or any part thereof. In the event that a corporate or other legal entity register for the Service, these terms and conditions shall be binding on such corporate or other legal entity and all natural persons accessing or using the Service or any part thereof through such corporate or other legal entity. Such corporate or other entity and such natural person shall each hereinafter be referred to as a “User”.
3. A User must apply to MMTV to receive televised lectures together with a multiple choice questionnaire accompanying each lecture (the “Material”) to enable such a User to comply with the continuing professional development (“CPD”) requirements in terms of the Health Professions Act, 56 of 1947. MMTV reserves the right to change, revoke, limit or restrict the Service as it sees fit.
4. In order to receive the Material the User has to subscribe to the digital satellite television network operated in the Republic of South Africa by MultiChoice Africa (Pty) Limited ("DSTV"). The User hereby gives permission to MultiChoice (Africa) (Pty) Ltd to provide MMTV with details of his/her/its DStv smartcard number should MMTV require to know the number for whatever reason.
5. MMTV provides the Material free of charge, but reserves the right to charge for rendering the Material from any future date as may be notified on its website www.mmtv.co.za and on such terms and conditions as it may decide in its sole discretion.

2. SERVICES
The Service includes any of the following:
1. MMTV will procure that the Material is broadcast through DSTV, provided that MMTV reserves the right to change the schedule of programmes to be broadcast at any time and for whatever reason.
2. MMTV undertakes that it will use its best endeavours to ensure that all of the Material will be approved and accredited as appropriate for the purposes of CPD.
3. MMTV will provide a facility for the User to register for the purpose of obtaining CPD accreditation, which accreditation is only possible in the following circumstances:
1. the Material must be viewed; and
2. a multiple choice questionnaire relating to thereto must be completed; and
3. if applicable, the requisite pass mark must be achieved.
4. MMTV will procure that the multiple choice questionnaires are submitted to the appropriate accreditation authority by:
1. internet link between the User and the appropriate accreditation authority; or
2. forwarding faxed copies thereof received by MMTV from the User to the appropriate accreditation authority.
5. MMTV will provide the User with a certificate for income tax purposes against payment by the User of the amount required by MMTV for such certificate from time to time.

3. COPYRIGHT
1. The copyright in the Material is the sole and exclusive property of MMTV. The User agrees not to make any unauthorised copy or reproduction of the Material, or to retransmit, distribute, disseminate, sell, publicise, broadcast or otherwise circulate, or exploit any Material otherwise than as permitted herein.
2. MMTV hereby authorises the User to view, copy and distribute the Material, provided that:
1. such Material is used for information purposes and personal use only;
2. such Material is used for non-commercial purposes. The User is expressly prohibited from incorporating any Material in any other work, publication or website either of the user’s own or belonging to any third party without the express consent of MMTV;
3. any authorised reproduction of MMTV’s proprietary Material or portion thereof must include this notice in its entirety; and
4. the aforegoing rights may be revoked or modified at any time.
3. The User hereby indemnifies MMTV and holds it harmless against all damages, loss, obligations or claims of any nature arising out of or in connection with the reliance on, use, dissemination or copying, whether authorised or not, of any of the Material in any way.

4. LIMITATION OF LIABILITY
1. 4.1 The User agrees that:
1. 4.1.1 the author/s of the Material are independent contractors and MMTV exercises no control over the content of the Material. While MMTV uses its best endeavours to verify the credentials of the presenters, it does not guarantee that any such Material is accurate or up to date. MMTV shall not be liable, to the extent permissible in law, in contract or delict or otherwise for any loss or damage of any nature arising out of or in connection with the use of the Material and the User indemnifies MMTV for any liability that MMTV may incur by the User’s use of the Material.
2. the Material is to be broadcast via DSTV and MMTV has no control over the broadcasting of the Material, or the availability and quality of DSTV services at any particular place or time. Consequently MMTV will not be liable for any defect or failure in the distribution or the reception of DSTV services.
2. MMTV will not be liable, to the extent permissible by law, for any consequential damages arising from any reason whatsoever.
3. Whilst MMTV will use its best endeavours to correctly receive, capture and process the User’s details, the results of multiple choice questionnaires and other information, MMTV will not be liable for any unintentional inaccuracy or failure in this respect.

5. GENERAL
1. This document constitutes the sole record of the agreement between the parties in regard to the subject matter thereof.
2. No party shall be bound by any representation, warranty, promise or the like not recorded in this document.
3. No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing.
4. The User acknowledges and accepts that MMTV will, from time to time, send information messages to the User The messages will be sent by e-mail, SMS, fax or any other appropriate means
5. The implementation, interpretation and enforcement of this agreement shall at all times be governed by the laws of the Republic of South Africa and the User consent to the exclusive jurisdiction of the High Court of South Africa.