HEALTH PRACTITIONER ONLINE RENEWAL PORTAL (“HPCSA-OP”)
USAGE AGREEMENT
1. General Terms and Conditions of Use
1.1 Definition
1.1.1 In this agreement, the terms below have the following meanings:
1.1.2 “HPCSA Online Portal” (abbreviated as follows “HPCSA-OP”) refers to any one or a combination of the following electronic mediums, ranging from but not limited to, web sites, web applications, services, application program interfaces (API), client applications, mobile applications, warehouses, reporting, invoicing / (invoices) and the various databases they consume, as well as any third-party website or mobile application licensed to us or within the Council’s rights to use in its business. This is inclusive but not limited to access and transactions from all devices including desktops, notebooks, thin clients, servers, virtual machines, smartphones, tablets and any device capable of hosting an operating system.
1.1.3 “personal information” means personal information related to the Health Practitioner and which could be utilized to identify the Health Practitioner. This is considered information that falls inside and outside the ambit of the Protection of Personal Information Act, Act No. 4 of 2013 (“POPI Act”), but which is freely provided in terms of this agreement and which may be utilized for the reasons stated in this agreement and specifically to improve future services to the Health Practitioner(s) of the Council and the HPCSA-OP services.
1.1.4 “Council”, means the Health Professions Council of South Africa associated with these terms and conditions for this HPCSA-OP, and all its associated or affiliated entities and any developers contracted by the Council from time to time.
1.1.5 “the Act”, means the Health Professions Act 56 of 1974
1.1.6 “Health Practitioner” means any person, including a student, registered with the Council in any professional category as defined in the Act.
1.2 Conditions of Access
1.2.1 The Use of the HPCSA-OP is subject to legislation including the terms and conditions as set out herein.
1.2.2 The Health Practitioner agrees to these terms and conditions which will apply to the Health Practitioner’s use of the HPCSA-OP, regardless of the platform, gateway, portal or mode of access the Health Practitioner makes use of to install, download, or access the HPCSA-OP.
1.3 The Health Practitioner’s Acceptance and Consent
1.3.1 In using the HPCSA-OP, the Health Practitioner expressly agrees to the terms and conditions of this agreement. If the Health Practitioner does not agree to all of the terms and conditions in this agreement and/or refuses to positively acknowledge these terms, the Health Practitioner will not have access to the HPCSA-OP.
1.3.2 The Health Practitioner agrees that this agreement will apply to any information accessed via the HPCSA-OP, as well as all sections applicable to the HPCSA-OP
1.4 Changes to this agreement
1.4.1 The Council is allowed to make changes to the terms and conditions applicable to this document. Should there be changes within legislation, the terms and conditions applicable to this document may change without any consent required from the Health Practitioner, in order to ensure compliance with legislation. It is advised that the Health Practitioner familiarises themselves with this agreement by regularly visiting the HPCSA-OP.
1.4.2 Health Practitioner access and use of the HPCSA-OP is applicable to the current terms and conditions as set out in the agreement.
1.5 The Health Practitioner’s account
1.5.1 All Health Practitioner access details (i.e. username and password) must be treated confidentially by the Health Practitioner when the HPCSA-OP is used. Sharing of these details with other Health Practitioners is prohibited and the Health Practitioner must accept full responsibility for all activities that occur under the Health Practitioner’s access through the use of these details. Only one account is permitted per Health Practitioner.
1.5.2 Once the Health Practitioner has logged onto the HPCSA-OP, certain information, functionality and other features of the HPCSA-OP will be accessible. This will allow the Health Practitioner to access the HPCSA-OP for future use, without having to make use of the existing password. Password settings may be changed by the Health Practitioner manually if required once logged on with the current password.
1.5.3 The Council may refuse to provide access to the Health Practitioner should the Council be unable to successfully verify any personal information that the Health Practitioner has provided to the Council.
1.5.4 Material breaches of the terms and conditions are set out in the following sub-sections and are agreed to by the Health Practitioner:
1.5.4.1 signing in as, or pretending to be another person;
1.5.4.2 transmitting material that violates, or could violate the intellectual property, rights and/or the privacy of others.
1.5.4.3 using interactive services in a way that is intended to harm, or could result in impairment to the Health Practitioner or to other Health Practitioners of the HPCSA-OP; or
1.5.4.4 gathering information about others, without obtaining prior written consent.
1.5.4.5 that any use of the Health Practitioner’s access details shall be regarded as if the Health Practitioner were the person using such information.
1.5.5 Please note that the username chosen by the Health Practitioner is regarded as permanent and may only be amended at the Council’s discretion.
1.6 Responsibility to keep records up to date
1.6.1 The Council requires certain personal information from the Health Practitioner. It is in the Health Practitioner’s best interest to keep this information up to date and to ensure that the details are correct.
Should the Health Practitioner fail to provide the Council with the correct Personal Information or fails to update the Personal information, such failure cannot, in whatever way, be attributed to the Council or the HPCSA-OP.
1.6.2 The Health Practitioner guarantees that all information provided to the Council by him/her at any time via the HPCSA-OP, will be true, correct, up to date and the Health Practitioner undertakes to update the information as and when required.
1.7 Electronic communication and records
1.7.1 If the Health Practitioner accepts to communicate (i.e. email communication) to the Council electronically when using the HPCSA-OP, all records sent to the Council by the Health Practitioner may be stored electronically and with third parties; all relevant third parties involved are bound by firm levels of confidentiality. All electronic records shall be stored by the Council as proof of the records, unless the Health Practitioner can prove otherwise.
1.7.2 Any electronic communication (i.e. email and/or sms) sent from the Council to the Health Practitioner will be regarded to have been received by the Health Practitioner upon being sent by the Council. This includes, but is not limited to mobile push notifications.
1.7.3 Health Practitioners of the HPCSA-OP, will receive communication from the Council via e-mail. Should the Health Practitioner prefer not to receive email communication from the Council, the preferred method of communication on the HPCSA-OP may be changed accordingly. Alternatively the Health Practitioner may contact the Council’s contact centre.
1.7.4 Reasonable steps will be taken by the Council to protect the Health Practitioner’s personal information and maintain confidentiality, this includes the use of encryption technology. The Health Practitioner agrees to transmit all information to the Council at their own risk and that the Council will not guarantee the security or integrity of any information submitted by the Health Practitioner.
1.7.5 All electronic communications including agreements, notices, etc. provided to the Health Practitioner, is required to meet all legal requirements and will be agreed to by the Health Practitioner.
1.8 Copyright
1.8.1 All content made available on the HPCSA-OP (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to the Council, unless the Council expressly states the opposite. Or unless such ownership to the Council as is not protected by South African and international law. In addition, the compilation of all content on the HPCSA-OP is the exclusive property of the Council and is protected by South African and international copyright laws.
1.8.2 No part of the HPCSA-OP may be used or copied via any means available unless otherwise agreed to and authorised by Council.
1.8.3 Any unauthorised use, alteration or dissemination of the information or content on the HPCSA-OP is prohibited.
1.8.4 The Health Practitioner agrees that if he/she breaches the terms of this clause, Council will have the right to claim damages that may have been suffered by the Council against the Health Practitioner, which may include the right to claim special, incidental, consequential or indirect damages. The Council will also be entitled to claim for recovery of all legal costs on attorney and own client scale as a result of any breach to this clause.
1.8.5 Trademark usage by the Health Practitioner or by any third party including those used by the Council on the HPCSA-OP are not permitted without prior written consent from the Council and/or any third party.
1.8.6 The Council endeavours to ensure that the most sophisticated technology protects the information on the HPCSA-OP. The Council will not be accountable for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the HPCSA-OP. It is expected from any Health Practitioner to contact the Council if the Health Practitioner suspects that a breach by any means may have taken place, in order for the Council to address the problem.
1.9 Disclaimer
1.9.1 The Council does not guarantee that (i) the HPCSA-OP; (ii) the information, content, tools or materials included on the HPCSA-OP as well as; (iii) the Council servers; or (iv) that any electronic communications sent by the Council are free from viruses or any other harmful components. The Council will not be held liable for any damages of any kind that may arise from usage of the HPCSA-OP by the Health Practitioner or from any information, content, tools or materials included on or otherwise made available to the Health Practitioner through the HPCSA-OP. This also includes direct, incidental, punitive and/or consequential damages.
1.9.2 The Council is fully committed to providing the Health Practitioner with the best possible service. The Council will however not be accountable for:
1.9.2.1 any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond reasonable control of the Council; or
1.9.2.2 any inaccurate, incomplete or inadequate information obtained from the HPCSA-OP supplied by the Health Practitioner.
1.9.2.3 Any direct or indirect loss or damages that may arise from:
1.9.2.3.1 the Health Practitioner’s actions or omissions that may result in breach of this agreement.
1.9.2.3.2 any links to other websites from the HPCSA-OP. The Health Practitioner also acknowledges that the Council cannot control the content of, or the products offered, on those websites;
1.9.2.3.3 denial of access to the HPCSA-OP should the Council believe or have reason to believe that the Health Practitioner is conducting activities that are illegal, abusive, or that could possibly attack the integrity of the HPCSA-OP and/or put the Council in disrepute;
1.10 Phishing and spoofing
1.10.1 If the Health Practitioner receives an unsolicited e-mail that appears to be from the Council and that requests the Health Practitioner to provide personal information (such as the Health Practitioner’s credit card number, Health Practitioner name, or password), or that requires the Health Practitioner to verify or confirm their own detail or the Council’s information by clicking on a link, it is most likely that an e-mail was sent by a "phisher" or "spoofer."
1.10.2 The Council will rarely ask for this type of information on e-mail, and the Council strongly recommends that the Health Practitioner does not respond to these e-mails and/or click on the link. Responding to “phishing” e-mails might place the personal information of the Health Practitioner at risk. The Council cannot be held responsible for any consequences resulting from the Health Practitioner’s response to any email sent by a “phisher” or a “spoofer”.
1.11 Linking to third party websites
1.11.1 The HPCSA-OP may contain, especially in the news section, certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of the Council and the Council is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
1.11.2 The Council provides these links to the Health Practitioner for convenience only and the Health Practitioner agrees that the inclusion of links does not imply an endorsement by the Council of the linked website, their business or security practices, or any association with its operators.
1.11.3 From time to time the Council may employ the services of third parties to assist with the hosting and management of certain services and aspects of the HPCSA-OP. The Council will apply every effort to ensure that the Council’s sub-contractors comply with the Council’s Privacy Policy, widely accepted security standards as well as accountability for any non-compliance.
1.11.4 Should the Health Practitioner have any queries arising from transactions with third parties, the Health Practitioner will be required to contact them directly.
1.12 Applicable law
By accessing and using the HPCSA-OP, the Health Practitioner agrees that the laws of the Republic of South Africa will govern this agreement, and the Health Practitioner consents to the jurisdiction of the South African courts in respect of any dispute which may arise from this agreement.
1.13 General Provisions
1.13.1 The headings of the clauses in this agreement are provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this agreement.
1.13.2 If any provision of this agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this agreement.
1.13.3 No failure or delay by the Council to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this agreement.
2. Privacy Policy
This privacy policy is complimentary to, and should be read and understood together with, the general terms and conditions of use, set out in previous sections.
2.1.1 The Health Practitioner’s privacy is important to the Council and the Council will therefore not sell, rent or provide the Health Practitioner’s personal information to any unauthorised third parties for their independent use, without the Health Practitioner’s written consent. If at any stage after the Health Practitioner has given the Council consent, the Health Practitioner no longer wishes the Council to make use of or share the Health Practitioner’s personal information, the Health Practitioner may withdraw the Health Practitioner’s consent at any given time.
2.1.2 The Health Practitioner accepts that the Council may store the Health Practitioner’s personal information outside the region or country that the Health Practitioner may submit or use it in initially.
2.2 Protection of the Health Practitioner’s Personal Information
The Council values the information the Health Practitioner provides and will take reasonable steps to protect the information the Council has received from the Health Practitioner. The information will be stored in secure databases with built-in safeguards to ensure the privacy and confidentiality of that information.
2.3 Personal Information held by or disclosed by the Health Practitioner or the Council to a third party
The Council will not be held responsible for any content, information, and/or warranties on any third party’s website (including third party websites linked to the HPCSA-OP, websites facilitated by the Council or social networks like Facebook or Twitter). The Council will not be held accountable for the privacy policies of third parties as it is the Health Practitioner’s responsibility to refer to the privacy policy of these third parties as well as the protection thereof.
2.4 Changes to this Privacy Policy
2.4.1 The Council may amend this privacy policy from time to time. The Council will give the Health Practitioner notice of any material changes within a reasonable time. The Council however recommends that the Health Practitioner familiarises themselves with the content of this privacy policy on a continuous basis.
2.4.2 The current version of this privacy policy will govern the respective rights and obligations between the Health Practitioner and the Council each time that the Health Practitioner accesses and uses the HPCSA-OP.
2.5 Laws applicable to the Privacy Policy
This privacy policy is governed by the laws of the Republic of South Africa, and the Health Practitioner consents to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy.
2.6 Indemnity
2.6.1 While the Council makes every effort to ensure that the content and information on the HPCSA-OP is complete, correct and up to date, the Council provides no guarantee regarding the suitability of the products and services on the HPCSA-OP or whether they are complete, accurate or appropriate.
2.6.2 The Health Practitioner agrees to fully indemnify the Council, its employees and the Professional Boards, and will not hold the Company responsible for any claim relating to the Health Practitioner’s use of the HPCSA-OP.
2.6.3 The Health Practitioner agrees to fully indemnify the Council, its employees and the Professional Boards, from any errors or inaccuracies or incomplete information made available by third parties on the HPCSA-OP and agree that, the Council will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.
2.6.4 The Health Practitioner agrees that all information, including products and services or any terms or conditions relating to them, on the HPCSA-OP may change. The Council will notify the Health Practitioner of the important changes within a reasonable time.