Legal

Therapists Africa (Pty) Ltd, Registration Number 2017/480817/07

Introduction
Welcome to the Therapists Africa online Africa directory and resource mobile application and website (“Portal”). Please take a moment to read the following terms which will apply to the subscription to and use of the Portal and our privacy policy (“Terms”).

Therapists Africa is a business in the healthcare industry which provides the Portal to persons in the healthcare industry who subscribe for membership on the Portal (“Subscribers”) and to persons who access the services offered by the Portal (“Users”), with specific focus on the continent of Africa.

A person may simultaneously be a Subscriber and a User. A User is not a Subscriber unless the User also registers on the Portal as Subscriber and pays the relevant subscription fee.

Overview
The Portal is operated under licence by Therapists Africa (Pty) Ltd, Registration Number 2017/480817/07 (Republic of South Africa) (“Therapists Africa”), with its registered address and domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, being 5 Grosvenor Avenue, Craighall Park, 2196, Republic of South Africa and at the email address info@therapists.africa, which is the contracting party and at which physical address all transactions with you will be deemed to have occurred. Therapists Africa may be contacted telephonically on +27 82 854 6902.

The complete terms under which a person will interact and transact via the Portal are constituted exclusively by these Terms read together with the privacy policy and any other terms, features or tools reflecting on the Portal at the relevant time, but excluding any third party information accessible from the Portal. By accessing or using any part of the Portal and / or transacting with Therapists Africa via the Portal, Subscribers and Users are deemed to have agreed to be bound by these Terms.

By accepting the Terms, you represent that you are at least 18 years of age and a major in your state or province of residence.

The Terms may be updated, amended or replaced by Therapists Africa from time to time by a posting on the Portal. The update, amendment or replacement will be effective on the date on which they are published. . Please ensure that you review the Terms for possible changes before using the Portal in future.

Subscribers will be alerted to the publication of any amendment to these Terms. If a Subscriber is not willing to agree to any update, amendment or replacement of these Terms, the Subscriber may cancel his subscription within 30 days of the publication, retrospectively, failing which he will be deemed to have agreed to them. In the event of a timeous cancellation on these grounds, Therapists Africa will refund to the Subscriber the pro rata balance of his subscription fee calculated from date of receipt of the said notice, provided the balance exceeds 30 days.

The Terms and the publication of the Portal do not constitute an offer by Therapists Africa to trade. The placing by a Subscriber of a subscription order on Therapists Africa via this Portal will constitute an offer by the Subscriber to transact with Therapists Africa subject to the Terms. Therapists Africa reserves the right to refuse any such offer. This Portal should therefore not be construed as a direct marketing activity as contemplated in section 16 of the Consumer Protection Act 68 / 2008 (Republic of South Africa), and consequently there is no “cooling off” period associated with any subscription entered into via the Portal. Services subscribed for on the Portal are also not unsolicited goods or services as contemplated in section 21 of the Consumer Protection Act 68 / 2008 (Republic of South Africa).

Therapists Africa does not warrant that the Portal will be permanently accessible, or that your use of it will be uninterrupted, timely, secure or error-free. Therapists Africa may suspend the Portal temporarily at any time, without notice, for the purposes of performing upgrades or maintenance, without liability for any inconvenience or loss or damages, including but not limited to loss of business or profit, which might result.

Your use of and reliance on information published on the Portal is at your own risk. The Terms shall in all respects (including their existence, validity, interpretation, implementation, termination and enforcement) be governed by the law of the Republic of South Africa.

The High Court of South Africa sitting in Durban, KwaZulu-Natal shall have exclusive jurisdiction over any dispute between you and Therapists Africa.

Subscription
The Portal is an online platform from which the Subscriber can place an electronic subscription order on Therapists Africa for listing on and use of the Subscriber services on the Portal for the fixed period of one year from date of subscription. When a Subscriber requests to subscribe to the Portal, the Portal will also prompt the Subscriber to provide certain personal information online to enable Therapists Africa to communicate and transact with and provide services to the Subscriber. The Portal will prompt the Subscriber to make an advance electronic payment to Therapists Africa for the price of the annual subscription order. Once payment has been made by the Subscriber via the Portal the Subscriber will receive an automated acknowledgment of receipt of his subscription order.

Therapists Africa employs a privacy policy, but if you are not willing to accept the risk of unauthorised access to your personal information then please do not use the Portal. Therapists Africa reserves the right to refuse any subscription order. In that event Therapists Africa will attempt to notify the Subscriber. In the unlikely event that Therapists Africa cannot or does not accept a subscription order any payment which may have made will be immediately refunded to the Subscriber. Any automated response to a subscription order or automated processing of a payment via the Portal must not in itself be regarded as an acceptance of a subscription order by Therapists Africa. However, if Therapists Africa does not reject a subscription order within 2 weeks of it having been made via the automated system of the Portal, then Therapists Africa shall be deemed to have accepted the subscription order from the date of the order.

By subscribing to the Portal the Subscriber warrants that he is and that during the period of his subscription to the Portal shall remain a member in good standing of the regulatory and disciplinary body for his profession in his country of practice, equivalent to the Health Professionals Council of South Africa in the Republic of South Africa.

Renewal of Subscription
The subscription will automatically terminate on the expiry of a year from the date of subscription order and in that event the Subscriber services associated with the Portal will no longer be capable of use. The subscription will be renewable annually by payment of the prevailing subscription fee from time to time. The Portal will remind the Subscriber of the imminent termination of his subscription. On receipt of that reminder the Subscriber may renew his subscription by paying the annual subscription fee or he may allow it to lapse. The Portal will guide the Subscriber through the renewal process.

Subscription Fee
The price of an annual subscription displayed on the Portal is quoted and payable in South African Rands. Payments originating outside of the Republic of South Africa are payable via our PayGate service which will automatically convert the foreign payment into South African Rands at the rate of exchange applicable at the time of payment. Prices are subject to change without notice, however the price applicable will be the price presented on the Portal at the time of placing a subscription order via the Portal.

Payment
The transaction with Therapists Africa arising out of a subscription order is a cash sale. Therapists Africa will require payment from the Subscriber together with the placing of a subscription order by way of an online electronic payment. The Subscriber will require to have a valid credit card or debit card in his own name in order to process the subscription payment.

Services
Subscription to the Portal will give the Subscriber the benefit of and access to the following services: online directory listing of your practise, organisation or institution and its details and contact information; communication via the Portal with other subscribing practises, organisations or institutions and additional services advertised on the Portal at the time of subscription and / or from time to time thereafter.

Therapists Africa may modify a service on the Portal (or any part or content thereof) and / or add additional services without notice at any time.

Despite the aforegoing, Therapists Africa reserves the right to at any time raise an additional subscription fee for access to any additional services which were not available at the time of subscription. In that event the Subscriber may elect to subscribe for the additional services pro rata to the remainder of the subscription period or forego them.

Classifieds
The Portal offers a product and service advertising facility for Subscribers (“Classifieds”). All material published on the Classifieds is either generated by Subscribers or posted by Subscribers under their own name and not by, for or on behalf of Therapists Africa.

The Subscriber is solely responsible for all material he publishes on the Classifieds and their accuracy. Therapists Africa is not the seller or provider of any products or services which might feature on the Classifieds, nor does it process transactions or payments for such products or services or derive any revenue therefrom. Therapists Africa does not verify, vouch for or support the representations made in respect of any such products or services and is not responsible for same. Any procurement and use thereof is entirely at a Subscriber’s own risk. Therapists Africa shall not be liable for any material published on the Classifieds.

Therapists Africa shall not be liable for any material published on the Classifieds by any Subscriber which are relied upon by another Subscriber or a User. A Subscriber shall remain professionally responsible to verify and test all material independently of Therapists Africa.

Therapists Africa may charge a Subscriber the stated fee for the use of the Classified facility, as an advertiser, based on the agreed duration and size of the advertisement, which shall be payable in full prior to publication.

Journal
The Portal offers a facility for the publication of professional material by Subscribers (“Journal”).

All material published on the Journal is either generated by Subscribers or posted by Subscribers under their own name and not by, for or on behalf of Therapists Africa.

The Subscriber solely responsible for all material he publishes on the Journal and their accuracy. Where any personal information of any third party is disclosed in the material published, the Subscriber is responsible for obtaining the necessary third party consent thereto. Therapists Africa is not the author or publisher of any material which might feature on the Journal. Therapists Africa does not verify, vouch for or support the representations made in such material and is not responsible for material published, representations made or views expressed on the Journal. Any reliance thereon is entirely at a Subscriber’s own risk. Therapists Africa shall not be liable for any material published on the Journal.

Therapists Africa shall not be liable for any material published on the Journal by any Subscriber which are relied upon by another Subscriber or a User. A Subscriber shall remain professionally responsible to verify and test all material independently of Therapists Africa.

The Subscriber warrants that any material which he might publish on the Journal will not infringe the rights of any third-party, including copyright, trademark, privacy, personality, confidentiality or other personal or proprietary right.

Therapists Africa shall not be liable to pay compensation or royalties for any material published on the Journal by any Subscriber.

Therapists Africa will not charge any fee for the publication of material on the Journal.

Multidisciplinary Meetings
The Portal offers a Multidisciplinary Meeting (“MDM”) facility to Subscribers, as one of its services. An MDM is an online virtual meeting platform which a Subscriber may host and administer. A Subscriber may invite other Subscribers to participate in the MDM. The MDM may be conducted on a closed, private basis between the host and invited Subscribers only, or it may be held by open invitation to all Subscribers. The MDM facility will initially be under ongoing development until its full intended capability is achieved.

The convening, conducting and management of an MDM, is the sole responsibility of the Subscriber who is the administrator thereof. The Portal is a passive platform on which the MDM is operated by the Subscriber.

An MDM is not operated under the auspices of Therapists Africa. Therapists Africa is not the convener or moderator of an MDM nor is it responsible for the material published, representations made or views expressed during the course of an MDM. Any reliance thereon is entirely at a Subscriber’s own risk.

The provisions of these Terms pertaining to the Journal apply equally to the MDM in relation to the Subscriber who is the administrator of the MDM and every other Subscriber who contributes to the MDM.

Therapists Africa will not charge any additional fee for the operating of an MDM.

Cancellation Policy
If you a Subscriber is not completely satisfied with the services provided by the Portal, he may bring his complaint to the attention of Therapists Africa via the Portal. Alternatively, he may contact Therapists Africa at its above email address. Within 2 weeks of receiving a written complaint Therapists Africa will resolve or respond to the complaint with a proposed solution, which may involve remedial work being performed on the Portal. In that event, the Subscriber will be required to permit a reasonable time for the remediation to be completed, without remission in the subscription fee.

In the event that Therapists Africa cannot within a reasonable time remediate the complaint or unlawfully fails to remediate a bona fide and material performance failure in relation to the functioning and utility of the Portal, the Subscriber may cancel his subscription on written notice to Therapists Africa. In that event, Therapists Africa will refund to the Subscriber the pro rata balance of his subscription fee from date of his first complaint, provided the balance exceeds 30 days.

If at any time a Subscriber would like to unsubscribe from the Portal, he may do so. In that event, Therapists Africa will be entitled to retain the pro rata balance of the subscription fee. If the Subscriber is governed by the Consumer Protection Act (South Africa), Therapists Africa will be entitled to recovery of a reasonable charge for early termination, which shall not exceed the pro rata balance of the subscription fee.

Accuracy of Billing and Account Information
The Subscriber agrees to provide current, complete and accurate personal information via the Portal (including his email address, other contact information, delivery address details, and credit / debit card number and expiration date) and to update such information should it change. Therapists Africa will not be responsible for any delay or failure in its performance due to out of date personal information.

Optional Tools
The Portal may provide you with access to optional third-party tools. Therapists Africa does not monitor or have any control over such tools. Therapists Africa provides access to such tools “as is” and “as available” without any endorsement, warranty or representation of any kind. Therapists Africa shall have no liability whatsoever arising from or relating to your use of optional third-party tools via the Portal and your use thereof is entirely at your own risk.

Third-Party Links
Third-party links accessible via the Portal may direct you to third-party Portals. Therapists Africa is not responsible for examining or evaluating the content or accuracy of third-party Portals and we do not warrant any third-party information, materials, websites or applications, or for any other materials, products, or services of third-parties.

Therapists Africa is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or applications.

Third Party Applications and Websites
You may find advertising or other content on the Portal that links to other subscribers or the applications or websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on the Portal or on these applications or websites and are not responsible for the practices employed or information published by other subscribers or partners, suppliers, advertisers, sponsors, licensors and other third parties linked to or from the Portal. In addition, these applications, websites or services, including their content and links, may be constantly changing. These applications, websites or services may have their own privacy policies and customer service policies. Browsing and interaction on any other application or website, including applications or websites which have a link to our Portal, is subject to that application’s or website’s or service’s own terms and policies.

Prohibited Uses
You may not use the Portal for any unlawful purpose, including but not limited to the following: to publish information which is patently pornographic, inaccurate, inflammatory, amounts to hate speech or which has the effect of or is intended to solicit the performance of or participation in any unlawful acts; to contravene any laws; to infringe any copyright and / or other intellectual property rights of any person including but not limited to those of Therapists Africa; to harass, abuse, insult, harm, defame, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Portal, other applications, websites, services or the internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Portal or any other applications, websites, services or the internet.

Therapists Africa reserves the right to (but shall not be obliged to) suspend and / or delete any publication of information on or via the Portal and / or suspend or cancel any subscription without notice if, in the reasonable exercise of the discretion of Therapists Africa, the publication of such material is a contravention of this prohibition and / or these Terms.

In the event that a Classified publication is suspended the Subscriber will be refunded the advertising fee pro rata to the period of suspension, provided the suspension exceeds 30 days. In the event that the publication is cancelled the Subscriber will be refunded the advertising fee pro rata to the balance of the period of advertisement calculated from the date of cancellation, provided the balance exceeds 30 days.

In the event that a Journal publication is suspended or removed, there will be no financial compensation to the Subscriber.

In the event that a subscription is suspended the Subscriber will be refunded the subscription fee pro rata to the period of suspension, provided the suspension exceeds 30 days. In the event that a subscription is cancelled the Subscriber will be refunded the subscription fee pro rata to the balance of the period of subscription calculated from the date of cancellation, provided the balance exceeds 30 days.

Disclaimer & Limitation of Liability
Therapists Africa shall not under any circumstances be liable for and does hereby disclaim liability for consequential, special, direct, indirect and / or general damages, expenses, business interruption losses, loss of production, production delay, loss of profit, penalties, fines, transport and accommodation costs and travel and subsistence expenses, medical expenses, hospital expenses, medication expenses, damage to property, loss of life, injury, loss of amenities of life, loss of ability, loss of capacity, loss of earnings, loss of information, pain, suffering, disfigurement, legal costs, interest and / or any other claim of whatsoever nature or cause arising, whether in contract, delict, statute or otherwise, from time to time, arising out of any matter which in these Terms is expressed as a responsibility held by a Subscriber or a User and / or not held by Therapists Africa, any material published on the Portal by a Subscriber, any reliance on any material published on the Portal by a Subscriber, any breach by a Subscriber of a professional rule, duty, obligation or law governing a Subscriber and / or these Terms, any breach by a User of a rule, duty, obligation or law governing a User and / or these Terms, generally any unlawful act, omission, statement and / or representation made by a Subscriber or a User and / or the use of the Portal by a Subscriber and / or a User, notwithstanding that the Portal might have been the platform on which any of the aforegoing occurred, or for any unlawful act, omission, statement and / or representation made by Therapists Africa except where it occurred intentionally or by gross negligence or is a breach of an express obligation of Therapists Africa under these Terms.

Under all circumstances and in respect of all claims of any nature or cause whatsoever, whether by a Subscriber or a User, the quantum of the liability of Therapists Africa for capital, interest and legal costs shall be limited in aggregate to the maximum annual subscription fee of a Subscriber at the relevant time.

Waiver
You irrevocably waive and abandon all claims which you might have against Therapists Africa, its directors, employees, representatives, agents, suppliers and/or subcontractors, of the nature for which liability has been disclaimed above.

Indemnification
You irrevocably indemnify and hold harmless Therapists Africa, its directors, employees, representatives, agents, suppliers and/or subcontractors against all claims of the nature for which liability has been disclaimed above which may be made against it/them or become payable by it/them which may come into existence, arising out of your use of the Portal, the reliance on any information published on and / or accessed via the Portal and / or any product purchase or service order made via the Portal, whether or not such claims are due to Therapists Africa’s, its directors’, employees’, representatives’, agents’, suppliers’ and/or subcontractors’ negligence (failure to use such care as a reasonable man and / or health practitioner would use under similar circumstances)or breach of any duty imposed by law or contract.

Privacy Policy
The submission of any personal information (as defined in terms of the in the Promotion of Access to Information Act 2 of 2000) to Therapists Africa is voluntarily. You can refuse to supply any personal information, except that it may prevent you from engaging in certain Portal related facilities.

Therapists Africa may automatically collect non-personal identification information about you whenever you access the Portal, including your browser name, the technical information about your means of connection to the Portal, such as the operating system and the internet service providers utilised and other similar information.

The Portal may use "cookies" to enhance your experience. Your web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Portal may not function properly. We will also collect personal information directly from a Subscriber where he provides it to us. Therapists Africa uses a Subscriber’s personal information to process a subscription payment, to provide contracted services, especially to record the Subscriber’s presence on the Portal’s directory listing of Subscribers and to thereby promote his practice and make him accessible to Users in search of his services and to other Subscribers, to improve customer service; to effectively respond to customer service requests and support needs; to improve the Portal’s appeal and functionality; to process transactions; to administer content, to convey to you information of interest and to send periodic communications.

The Subscriber’s personal information (excluding banking information), may be transferred unencrypted and involve transmissions over various online networks and changes to conform and adapt to technical requirements of connecting to networks or devices. Banking information however will always be encrypted during transfer over networks.

PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no card details are stored on the Portal. The Subscriber’s details will be stored by Therapists Africa separately from card details which are entered by the Subscriber on PayGate’s secure site. The Subscriber may view PayGate’s security certificate and security policy on www.paygate.co.za.

The personal information which a Subscriber provides for subscription order processing will be used to send him information and updates pertaining to his directory listing; to respond to his inquiries and/or other requests or questions; to convey to him information of interest and to send periodic communications.

Therapists Africa adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of personal information, username, password, transaction information and data stored on the Portal. Personal information exchanged via the Portal happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Therapists Africa will not sell, trade, or exploit your personal identification information in any way. Therapists Africa may share generic aggregated demographic information not linked to any personal identification information. Therapists Africa may use third party service providers to operate its business and the Portal or administer activities on its behalf. Therapists Africa may share your information with these third parties for those limited purposes.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided below and specify what information you require. We will need a copy of your identity document to confirm your identity before providing details of your personal information. Please note that any such access request may be subject to a payment of a legally allowable fee.

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your identity document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

General
The rule that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract (the Contra Pro Ferentem Rule), shall not apply to the interpretation of the Terms.

The words "include", "including" and "in particular" shall not be construed as limiting the generality of any preceding word/s or introducing an exhaustive list. The words “you” and “your” shall mean a Subscriber and / or a User.

Words referring to the masculine gender shall include the feminine and the neuter. Any reference in the Terms to any other agreement or document shall be construed as a reference to such other agreement or document as same may have been, or may from time to time be, amended, varied, novated or supplemented.

The Terms constitute the whole agreement between the parties and no consensual cancellation of, additions to or variations of the Terms or different terms of contract shall be binding on Therapists Africa unless reduced to writing and signed by a director of Therapists Africa. To the extent permissible by law Therapists Africa shall not be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded in the Terms, whether it induced the contract and/or whether it was negligent or not.

Any provision in the Terms which is or may become illegal, invalid or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it had not been drafted and severed from the balance of the Terms, without invalidating the remaining provisions of the Terms.

The Terms shall be binding upon the parties and their estates, executors, administrators, curators or assigns.

Publication of material on the Portal by you and the sending by you of material to Therapists Africa for publication on the Portal, which is then published accordingly, shall be synonymous.

“Extract from Therapists Africa (Pty) Ltd, Registration Number 2017/480817/07 Terms and Conditions”

The Portal offers a Multidisciplinary Meeting (“MDM”) facility to Subscribers, as one of its services. An MDM is an online virtual meeting platform which a Subscriber may host and administer. A Subscriber may invite other Subscribers to participate in the MDM. The MDM may be conducted on a closed, private basis between the host and invited Subscribers only, or it may be held by open invitation to all Subscribers. The MDM facility will initially be under ongoing development until its full intended capability is achieved.

The convening, conducting and management of an MDM, is the sole responsibility of the Subscriber who is the administrator thereof. The Portal is a passive platform on which the MDM is operated by the Subscriber.

An MDM is not operated under the auspices of Therapists Africa. Therapists Africa is not the convener or moderator of an MDM nor is it responsible for the material published, representations made or views expressed during the course of an MDM. Any reliance thereon is entirely at a Subscriber’s own risk. The provisions of these Terms pertaining to the Journal apply equally to the MDM in relation to the Subscriber who is the administrator of the MDM and every other Subscriber who contributes to the MDM.

Therapists Africa will not charge any additional fee for the operating of an MDM.