The following terms shall bear the following meaning:
1.1. “Agreement” means these terms and conditions as attached to the Client Registration Documentation, including the Informed Consent and such terms and conditions on the Cryo-Save website which relate hereto;
1.2. “Child” means the Child who is born and from whose umbilical cord the Umbilical Cord Blood (UCB) and/or Umbilical Cord Tissue (UCT) Stem Cells are taken;
1.3. “Client” means the Mother and/or the Father subject to, in the event:-
1.3.1. where the Mother is deceased, the Father of the Child shall automatically be deemed from the date immediately prior to the death of the Mother, to be the Client; or
1.3.2. where the Mother and Father of the Child are deceased, the legal guardian of the Child with effect from the date immediately prior to the date of the last deceased; or
1.3.3. where the Child attains the age of majority, the Child shall be the Client with effect from the date of attainment;
1.4. “Client Registration Documentation” means the Cryo-Save Client Registration Documentation required to be completed by the Client in order to register with Cryo-Save.
1.5. “Cryo-Save” means Cryo-Save South Africa (Pty) Limited (Registration Number 2010/009754/07), and its respective shareholders, directors, officers, employees and agents including marketing agents and other representatives. Cryo-Save is a company duly registered and incorporated according to the company laws of the Republic of South Africa;
1.6. “Father” means the:
1.6.1. biological father (conceived the Child); or
1.6.2. biological father (donated the sperm in respect of the Child); or
1.6.3. legal father (legal guardian of the Child);
1.7. “Informed Consent” means the informed consent that is required to be signed by the Client in terms of statute;
1.8. “Maternal Blood” means the blood to be taken from the birth Mother at birth and to be tested for transmissible diseases and/or any other factors as required in accordance with legislation and international standards;
1.9. “Healthcare Practitioner” means inter alia, an obstetrician, midwife or nurse;
1.10. “Mother” means the:
1.10.1. birth mother (gave birth to the Child); or
1.10.2. biological mother (donated the egg); or
1.10.3. legal mother (legal guardian of the Child).
1.11. “Processing/Process” means all operations involved in the preparation, isolation, extraction, and cryopreservation of the Stem Cells from the UCB and/or UCT;
1.12. “Stem Cells” mean cells that have the capability of differentiating into a specialised cell of the body and producing a daughter stem cell (i.e. capable of self-renewal);
1.13. “Storage/Storing/Store” means maintaining the Stem Cells under appropriate controlled conditions;
1.14. “Storage Period” means 20 (twenty) years.
1.15. “Testing/Test” means (subject to the context of use of such term), maternal blood tests performed on the birth Mother (and surrogate mother, if applicable) for transmissible diseases, and/or laboratory tests conducted on UCB and/or UCT;
1.16. “UCB” means umbilical cord blood which contains haematopoietic (blood-forming) stem cells
1.17. “UCT” means umbilical cord tissue which contains Mesenchymal (tissue-forming) stem cells
1.18. “The Laboratory” means the Cryo-Save South Africa Laboratory
1.19. Any reference to an enactment, regulation, rule or by-law is that enactment, regulation, rule or by-law as at the signature date, and as amended from time to time.
1.20. All amounts payable in terms of this Agreement are inclusive of VAT unless otherwise indicated.
1.21. This Agreement shall be governed by the laws of the Republic of South Africa