PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PROCEED. BY CLICKING ON “I ACCEPT” OR “LOGIN” YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO THEM.
PLEASE NOTE: ACCESS TO OUR PORTAL / SERVICES IS SUBJECT TO YOUR REGISTRATION AS A MEMBER OF SASDS.
1. THESE TERMS
1.1. These are the terms and conditions (“Terms of Services”) relevant to the services we supply (“Services”) via our platform (“Portal”). These Terms of Services refer to the following additional terms which also apply to your use of our services:-
1.1.3. Membership terms and conditions (including but not limited to our Constitution)
1.2. The above terms and conditions, policy and Constitution are hereby incorporated by reference and together are the agreement (“Agreement”) between us and you. If there is any conflict between the above terms and conditions/policy and the Terms of Services in terms of the Services, the Terms of Service will prevail;
1.3. All information that are incorporated by using hyperlinks and / or other methods of reference form part of these Terms and Conditions of Supply (see section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 “ECT Act”);
1.4. Why you should read them. Please read these terms carefully before you use our Services. These terms, unless otherwise specified under Service specific terms conditions (“Service Specific T&Cs”), tell you how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. LICENSE GRANTED
2.1. Registration first: To use our Portal and Services you have to be registered as a Member of the SASDS and paid your membership fees.
2.2. License: Subject to our acceptance and these Terms of Service, we grant you a limited, non-exclusive and non-transferrable license to access and use our Portal to enable you to access and use our Services.
2.3. Take note, there might be Service Specific terms and conditions once you have logged into the Portal: certain Services may have additional terms and conditions that will apply. Those terms and conditions (“Service Specific T&C”) will be presented to you prior to submitting your order for the Service. The Service Specific T&C should be read with these Terms of Services. Insofar as any term and condition in a Service Specific T&C conflicts with these Terms of Services in respect of-
2.3.1. the description of the Services (including but not limited to [pricing (if any)], specifications, service levels or limitations of liability), the Service Specific T&C shall prevail;
2.3.2. any other matter, the Terms of Services shall prevail.
2.4. The presentation of our Services (including Courses) on our Portal is an invitation to you to provide Services;
2.5. By submission of your information under the ‘Sign-up’ screen or further information before submission of the Application Form does not mean we have concluded a contract with you (not yet);
2.6. “Writing” ” includes data messages. When we use the words “writing” or “written” in these terms, this includes data messages (as defined by the ECT Act), including but not limited to emails. You acknowledges that all agreements, authorization or request on the Portal satisfy the “writing” requirement as per section 12 of the ECT Act.
3. OUR SERVICES
3.1. Description: details as per our Portal, including but not limited to: –
3.1.1. Provision of various information, including but not limited to reports, case studies, resources, guidelines;
3.1.2. Provision of the DermAcademy platform to make available to you certain training / educational courses (“Courses”) – still under construction;
3.1.3. Provision of Courses, consisting of copyright material, videos and corresponding workbooks (“Course Material”);
(Collectively referred to as “Services”)
3.2. Services may vary slightly from their description: The information on our site is for general information purposes. Although we made every effort to display the correct content, we cannot guarantee that the content is 100% accurate. For more detailed information about our services you can contact us;
3.3. Course Material (when available):
3.3.1. Every effort has been made to ensure complete and accurate information concerning the Course Material. The Course Provider makes no representations, warranties, guaranties as to the suitability, accuracy or completeness of the Course Material. Neither us or the Course Provider can be held legally responsible for any mistakes in printing or faulty instructions contained within the Course Material.
3.3.2. If you identify any Course Material that is not accurate or complete, then kindly contact us immediately.
3.4. Costs: unless otherwise specified against the particular Service, the Services will be made available for free.
3.5. Third Party Materials:
3.5.1. The Portal may display, include or make available third-party content (including data, information, Portals and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (collectively, “Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
3.5.2. Although the use of Third Party Materials may be subject to other terms and conditions, it is important to note that we have been granted a license to present said Third Party Materials on our Portasl. It is your responsibility to adhere to these Terms of Services and more specifically paragraph 11 below in terms of the Third Party Intellectual Property Right.
4. YOUR SERVICE ACCOUNT
4.1. During the use of our Service, you must sbe an active Member of SASDS to have access to your user Service account (“Service Account”);
4.2. You agree: –
4.2.1. To provide and maintain accurate, complete, and up-to-date information on your Service Account;
4.2.2. That your failure to maintain accurate, complete and up-to-date Service Account information, may result in your inability to access and use the Service or Our termination of this Agreement;
4.2.3. We may utilise the initial information you submit to verify your membership with us, including verification with any other third party, including but not limited to the HPCSA;
4.3. Submission of your information as per the application form does not automatically give you the right to access the Services. Submission as mentioned above is subject to your registration as a member with us.
4.4. Further, if in our reasonable opinion you have failed to comply with these Terms of Service, we have the right to not grant you access to your Service Account, or to revoke your access right and disable your user identification code;
4.5. During your initial submission of your registration information, you will be allowed to select the necessary access credentials or any other piece of information as part of our security procedures.;
4.6. You are responsible for all activity that occurs under your Service Account;
4.7. At all times you must maintain the security and secrecy of your Service Account details. Your Service account details are confidential and under NO CIRCUMSTANCES whatsoever may you share or distribute it to any third party/parties. Any breach of this term will result in the IMMEDIATE SUSPENSION of your Service account;
4.8. You must only possess one Service Account;
4.9. If you know or suspect that anyone, other than you, knows your user identification code or password, you must promptly notify us;
4.10. You may not assign or otherwise transfer your Service Account to any other person or entity;
5.1. You will not or allow any third party to: (a) copy, modify, translate, adapt, distribute or otherwise create derivative works or improvements, whether or not patentable, of the Portal or any Content or Services; (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Portal or any part thereof; (c) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Portal, including any copy thereof; (d) rent, lease, use it for purposes of a service bureau, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Portal or any features or functionality of the Portal, to any third party for any reason or (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Portal; (f) use the Portal for purposes which are illegal, (g) not transmit any material that may result in an interference to our Services
5.2. The Courses, Course Materials and Third Party Materials are not sold to you. It is licensed to you for your personal, non-commercial use only.
5.3. Certain Content, Course Material and Third Party Materials may be downloaded, however this will be for your own personal use and you shall not be entitled to submit or make it available to any third party whatsoever;
5.4. Where you are allowed to print certain Content, Course Material or Third Party Materials you are granted permission to produce a single hard copy of it for YOUR PERSONAL USE ONLY. Each single hard copy, printed must be kept in the format it was presented and made available to you. You are prohibited from modifying the copy;
5.5. Except as granted in this clause 5, no part of our site or Course Material may be copied, photocopied or reproduced in any form or by any means without the written permission of the Course Provider.
6. OUR RIGHT TO MAKE CHANGES TO SERVICES
We may change the Services to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the Services, Content or Course Material.
7. PROVISION OF SERVICES
7.1. Availability of Services: Subject to the terms of this Terms of Services, Services will only be made available subsequent to receipt of all relevant information and/or documentation required for the Services;
7.2. Access to the Portal: unless otherwise agreed to in writing, the Portal will be provided to you as long as you are a registered member of us, whether you utilise the Services or not.
7.3. Updates: We may from time to time in our sole discretion develop and provide Portal updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You may receive notice of Updates, however there is no obligation on us to notify you. You further agree that all Updates will be deemed part of the Portal and be subject to all terms and conditions of this Terms of Service.
7.4. Unable to supply certain Services: if we are unable to perform in terms of the contract on the grounds that the Services ordered are unavailable and said availability has not been addressed under these Terms of Services, we will notify you of this fact.
7.5. We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
7.6. Downtime and Service Suspensions: Your access to and use of the Services may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions. We shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a system-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any part of the Services or resolve technical problems and minor technical changes; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the applicable Portal, to You or to any of our other users if the Services were not suspended; or (c) in the event that we determine that any Services is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.
7.7. Monitoring: We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks or systems to ensure an effective Service and security of our Platform.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. We may end the contract for the Services at any time if:-
9.1.1. you have breached any term or condition under these Terms of Services; or
9.1.2. You have terminated your membership with us or failed to pay the annual subscription or special levies that may be decided by our EXCO.
9.2. We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service or any part thereof. We will let you know at least 10 (seven) days in advance of our stopping the supply of the service and will refund any sums you have paid in advance for service which will not be provided.
9.3. Should we obliged to institute legal action against You to enforce any provisions of our contract with you, then You will be responsible for all reasonable legal costs on an attorney and own client basis, including such tracing fees and collection commission which such attorneys are entitled to charge, on successful judgement of Our claim.
9.4. Upon termination or expiry of the Services –
9.4.1. Your rights under these terms and conditions shall terminate immediately ;
9.4.2. We shall stop providing the Services and will be entitled to suspend you access to the Portal;
9.4.3. We will deliver, upon written request by You, any Personal Information we may have on You, unless we are required by law to keep a copy (which we will only keep for record purposes).
9.4.4. You undertake to return to Us any documentation, information or other materials of Us, which You or have no legal right to retain.
10.1. We acknowledge that, during the performance of Services, we will have access to information relating to Your address, contact information, and other personal information or requests for Services (“Confidential Information”). We agree that, during the term of this Agreement and thereafter, we will use and hold all such Confidential Information in the strictest confidence and not to disclose it to any person or to use it except as necessary in carrying out the Services consistent with this Agreement.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All existing and future intellectual property rights (patents, copyright, designs, trademarks, know how whether registered or un-registered) in and to the Portal, Services, Content and Course Material belong to us or our licensors (including but not limited to Content providers). You may only use it subject to the terms and conditions of this Terms of Service.
11.2. We have been licensed to utilised certain Third-Party Materials as part of our Services. You are only entitled to use same as set out under the Terms fo Services and not to infringe any of the Third-Party Materials whatsoever. You are specifically prohibited form copying same to be utilised for further commercial training or other financial gain.
11.3. If you feel that any Service, Content or Course Material may be an infringement of any third party’s rights, then please contact us immediately in writing.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
13. DISCLAIMER OF WARRANTIES: THE PORTAL IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON ITS OWN BEHALF AND ON BEHALF OF ITS MEMBERS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS OR CONTENT PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PORTAL, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING. WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, PORTALS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
14. LIMITATION OF LIABILITY
14.1. To the extent permitted by law, we (including our members, employees, licensors, content (course) providers, service providers, partners, affiliates and agents) shall not be liable for any damages, loss or liability of any nature incurred by you, or any other person resulting from the use of or inability to use our Services, including the Portal or the technology, material and content made available on and through it.
14.2. Unless otherwise agreed to under these Terms of Services or determined by law, we (including our employees, licensors, content (course) providers, service providers, partners, affiliates and agents) will not be liable in law or delict, for any indirect, special or consequential damages whatsoever. We shall further not be liable for any direct loss or damage suffered by you as a result of the inaccurate information you made available to us.
19. FORCE MAJEURE
We will not be liable to You for any default or delay in the performance of the obligations under these Terms of Service, if and to the extent that such default or delay is caused by any act of God, war or civil disturbance, court order, or any other circumstance beyond Our reasonable control including fluctuations in communications or utility services (“Circumstances of Force Majeure”) and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of alternative sources or means..
15.1. In the event of you encountering any technical problems/errors with our site and/or the Course and/or Course Material, you will immediately report it to us;
15.2. We shall attend to the queries in respect of any technical problems/errors reported to it as soon as is reasonably possible.
16.2. Time and Place of communication, dispatch and receipt:-
16.2.1. Data Messages (as defined under the ECT Act) sent from us to You have been sent from our Place of Business;
16.2.2. Data Messages sent from us to You on receipt of sent confirmation on our system; and
16.2.3. Data Messages from You to us are deemed to be received by us only when a representative of us responds thereto, and for the purposes of this clause an auto-response shall not be a response by us. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by an authorised representative of ours that it does give legal effect to the message.
16.3. You acknowledge that all agreements and authorization under this EULA satisfies the “writing” requirement as per section 12 of the ECT Act;
17. OTHER IMPORTANT TERMS
17.1. Entire Agreement: This Terms of Service constitutes the entire agreement between you and us with respect to the Portal and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
17.2. Assignment: You may not transfer your rights or your obligations under these Terms of Services to another person.
17.3. Third Party rights: Although this agreement is between you and us, third party content providers shall have a right to take such action that may be necessary to protect their intellectual property.
17.4. Severability: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5. Waiver: No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
17.6. Amendments / Variations: We may, in our sole discretion, change any of these Terms of Services at any time. It is your responsibility to regularly check these Terms of Services and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Services or Service platform. Any such change will only apply to your use of our Services after the change is published by us. If you use our Services after such amended Terms of Services have been published, you will be deemed to have accepted such changes.
17.7. Applicable law: These terms are governed by the Republic of South Africa law.
We recommend you print these Terms of Services for your records