A USER IS NOT PERMITTED TO ACCESS THE INTERACTIVE CONTENT ON THIS WEBSITE WITHOUT ACCEPTING THESE TERMS AND CONDITIONS
- Definitions and Interpretation
1.1. “Applicable Laws” means all laws, rules and/or other regulations of general application, relevant to the operation of the Website, data protection and the protection of personal information, as may be in force, from time to time in South Africa;
1.2. “De-identify” means in relation to personal Information of a data subject, to delete any Information that:
1.2.1. identifies the data subject;
1.2.2. can be used or manipulated by a reasonably foreseeable method to identify the data subject; or
1.2.3. can be linked by a reasonably foreseeable method to other Information that identifies the data subject,
and “de-identified” has a corresponding meaning;
1.3. “HealthCloud” means HealthCloud Tech Proprietary Limited, a company incorporated and registered in accordance with the laws of the Republic of South Africa;
1.4. “Forums (chat rooms)” means an online discussion site where people can hold conversations in the form of posted messages;
1.5. “Frame” means to organise the Website into different frames, with each frame displaying a different html document, severing the link between the content and the URL;
1.6. “Healthcare Provider” means a person providing health services in terms of any Applicable Law, including without limitation in terms of the Health Professions Act 56 of 1974;
1.7. “Information” means personal information, namely information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
1.7.1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
1.7.2. information relating to the education or the medical, financial, criminal or employment history of the person;
1.7.3. any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
1.7.4. the biometric information of the person;
1.7.5. the personal opinions, views or preferences of the person;
1.7.6. correspondence sent by the person that is implicitly or explicitly of a private
or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.7.7. the views or opinions of another individual about the person; and
1.7.8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
1.8. “Interested Parties” means hospitals, researchers, clinicians, non-governmental organisations (NGOs) or any other person or persons interested in de-identified Information for research or data collection purposes;
1.9. “IP Address” means an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network;
1.10. “Processing” means any operation or set of operations, including collecting, recording, organising, storing, updating, modifying, retrieving, consulting, using, disseminating by means of transmission, distribution or making available in any other form, merging, linking, as well as blocking, erasing or destroying, and “Process” and “Processed” will have a corresponding meaning;
1.11. “Services” means the online programme services, Site Content and information offered on the Website from time to time, the parameters of which are more fully described in 2.3 below;
1.12. “Service Providers” means system administrators, agents, contract workers or any other person or persons who assist HealthCloud with the administration and functioning of the Website;
1.14. “South Africa” means the Republic of South Africa;
1.15. “User” means any person who accesses and/or uses the Website;
1.16. “Website” means the collection of web pages (documents that are accessed through the internet), located at the domain name https://healthcloudsa.com/
1.17. Unless a contrary intention clearly appears words importing:
1.17.1. any one gender include the other two genders;
1.17.2. the singular include the plural and vice versa; and
1.17.3. natural persons include created entities (corporate or unincorporate) and the state and vice versa.
1.18. If any undefined term in these Terms and Conditions bears an accepted meaning in the information technology industry, such accepted meaning shall apply, unless the context indicates otherwise.
2.1. Users will only be able to make use of this Website if they are invited to do so by a Healthcare Provider.
2.2. Use of this Website does not create a Healthcare Provider-patient relationship nor does it replace the relationship between a patient and a Healthcare Provider.
2.3. The object of the Website is to allow a User to provide and track Information of their medical condition, treatment programme and the reaction to such treatment (if any) between consultations with the User’s Healthcare Provider.
2.4. All Information related to the User’s medical condition will be uploaded onto the Website by the User. The Healthcare Provider will have access to this Information for the purposes of keeping track of the User’s medical condition and treatment programme.
2.5. The User, acknowledges that:
2.5.1. any Information supplied to HealthCloud on the Website is provided voluntarily; and
2.5.2. should the User, who agrees to these Terms and Conditions, choose not to provide any particular Information contemplated in 2.4, there is no consequence other than the User will not fully benefit from the Services offered on the Website.
2.6. As the information and/or content appearing on or transmitted through the Website does not constitute medical advice, you, the User, are encouraged to consult with your Healthcare Provider before acting on any such information or Site Content.
2.7. This Website is currently intended only for use by Users and Healthcare Providers from and within South Africa. HealthCloud cannot guarantee that the Website complies with or is appropriate for use in other countries, and as such, it should only be used by persons who access it from and within South Africa.
2.8. These Terms and Conditions apply when you visit the Website for the first time and all visits thereafter, subject to subsequent changes or amendments hereto, in which case, the latest version of these Terms and Conditions will apply each time you visit the Website. As such, you are encouraged to familiarise yourself with the Terms and Conditions each time when using this Website as such Terms and Conditions may have changed from your last visit.
2.9. In using this Website you represent and warrant that you are of full legal capacity and age (currently at least 18 (eighteen) years of age) to enter into a legally binding and enforceable contract, being these Terms and Conditions.
- Data Protection
3.1. We understand the importance of protecting Users from the unauthorised use of Information provided in the course of making use of the Website.
3.2. The User, by submitting any Information on the Website:
3.2.1. acknowledges that such conduct constitutes an unconditional and voluntary consent to the Processing of such Information by HealthCloud, which consent shall, in the absence of any objection received by the User, be indefinite and/or for the period otherwise required in terms of any Applicable Law; and
3.2.2. specifically consents to:
126.96.36.199. the collection, collation, recording and storage of Information; and/or
188.8.131.52. the disclosure and/or dissemination of any Information by means of transmission, distribution or making available in any other form to the relevant Healthcare Provider(s) and/or other Interested Parties; and/or
184.108.40.206. any further Processing of the Information,
in line with the purpose for which the Information is obtained, as set out in these Terms and Conditions.
3.3. HealthCloud undertakes to use its best endeavours to ensure that the Information will be Processed only for the purposes permitted in terms of these Terms and Conditions.
3.4. The User acknowledges that HealthCloud will do everything reasonably possible to ensure that the User’s Information is not given to unauthorised persons, and the User indemnifies HealthCloud from any unintentional disclosures of Information to unauthorised persons.
3.5. HealthCloud will not give away, sell or otherwise disclose any Information that personally identifies a User, save as provided for in these Terms and Conditions.
3.6. In protecting Users identities, HealthCloud has the right to de-identify and remove personal identifiers from your Information, so that it cannot reasonably be used to identify you.
3.7. HealthCloud may, however, obtain, use and disclose aggregated de-identified Information to practicing Healthcare Providers or Interested Parties in order to improve quality of care.
3.8. HealthCloud may also disclose Information about you if compelled to do so by law or by valid legal process.
3.9. In addition to any disclosure in terms of 220.127.116.11, 3.8 and/or 4.7 below, the User also acknowledges that HealthCloud may also disclose Information to our Service Providers to assist us in providing the Services, or for User verification purposes.
3.10. HealthCloud makes use of IP addresses to analyze trends, administer the Website and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable User Information.
3.11. By accepting these Terms and Conditions, you transfer and assign to us all right, title and interest in and to all such de-identified Information, and you agree that we may use, disclose, market, license and sell such de-Identified Information for any purpose without restriction, and that you have no interest in such de-identified Information, or in the proceeds of any sale, license, or other commercialization thereof.
- Permitted Uses of Protected Health Information
These Terms and Conditions set out the ways in which HealthCloud may use or disclose Information, including health related Information, we receive from you. Among other permitted uses, we may:
4.1. allow access to your health Information to you for whatever purpose you require it;
4.2. allow access to your health Information by other Healthcare Providers and their business associates for treatment related purposes. This includes disclosing health Information for related applications that you may select in future, such as clinical laboratory reporting, electronic medical records, devices and technologies used to self quantify/measure, as well as to other Healthcare providers to whom you agree to give access to your protected health Information for treatment. You agree to be bound by the terms of any licensing and other agreements relating to such third-party products and services;
4.3. de-identify your health Information. We will, however, maintain the confidentiality and security of the original health Information;
4.4. create limited data sets from your health Information, and disclose them for any purpose for which you may disclose a limited data set. You authorize us to enter into data use agreements on your behalf for the use of limited data sets, in accordance with any Applicable Laws and regulations;
4.5. aggregate your health Information with that of other Users, and share aggregated Information in accordance with Applicable Laws and regulations;
4.6. use your health Information for the proper management and administration of our business, and to carry out our legal responsibilities;
4.7. HealthCloud may, from time to time, permit access to the computer, support, infrastructure and/or other administrative system(s) required for the operation of the Website and/or the provision of the Services, to persons such as contracted system developers (“Recipient”) under appropriate confidentiality agreements, which will contain the necessary safeguards such as, that the Information will be:
4.7.1. held confidentially;
4.7.2. used, Processed, or further disclosed only as required by law;
4.7.3. used only for the purpose for which it was disclosed to the Recipient, and
that the Recipient is required to notify HealthCloud of any instances in which the confidentiality of the Information has been compromised.
- Prohibited use of the Website
The User shall not be entitled to:
5.1. change any part of the Website or the Site Content published on the Website or any software used in providing the online Services displayed on the Website;
5.2. try to gain entry in restricted part of the Website (for example, any secure areas) as this may constitute a criminal offence under one or more Applicable Laws;
5.3. use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy any Site Content available on the Website;
5.4. create a link from the Website to any other website or from any other website to the Website;
5.5. deliver, or attempt to deliver to the Website, any damaging code, such as computer viruses, robots or spyware or to any server and/or other computer network or technology supporting the Website;
5.6. use any information or Site Content published on the Website for marketing or similar purposes.
5.7. Frame the Website in any manner whatsoever without the prior written consent of HealthCloud.
- Account Access
To access your account on the Website, you must provide the identifier provided to you by your Healthcare Provider. With this information, we can verify your identity and permit you to view data in our system. We log and audit system use in order to ensure that Users are using the system appropriately. If we have questions about your use of the system, we may contact you.
- Surveys, questionnaires, and polls
7.1. HealthCloud may ask you to participate in surveys, questionnaires, or polls, to facilitate research but also to improve our Website. When you respond to surveys, questionnaires or polls related to our site, this Information is collected only as anonymous, de-identified, aggregated Information and is used for statistical purposes.
7.2. Users agree to be contacted for participation in Clinical Trials in appropriate circumstances, however, Users always have the right not to participate.
- User Forums
8.1. HealthCloud may offer Forums for the exchange of Information among Users.
8.2. Users agree to assume all responsibility for the use of such Forums.
8.3. Users acknowledge that HealthCloud does not assure the accuracy, reliability, confidentiality or security of Information made available through the use of our Forums.
8.4. Users agree not to disclose individually identifiable Information through our Forums.
9.1. HealthCloud may provide Users with general medical and health information. This may include information and reminders concerning drug interactions, allergies, dosages, as well as other health-care related information and resources.
9.2. In terms of clause 8 above, HealthCloud also provides Forums for our users to exchange information.
9.3. The information and materials available through this Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for advice from a Healthcare Provider.
9.4. Information may be placed on this Website by HealthCloud and/or by third parties beyond the control of HealthCloud. HealthCloud is not responsible for the accuracy or completeness of information available from or through this Website.
9.5. Users may not use this Website to advise, diagnose, or otherwise treat other Users of this Website.
9.6. Users assume full risk and responsibility for the use of information obtained from or through this Website, and you agree that HealthCloud is not responsible or liable for any claim, loss, or liability arising from the use of such information by a User.
9.7. HealthCloud does not recommend or endorse any provider of Healthcare or health-related products, items or services depicted on the Website, and the appearance of any materials and/or other Site Content on this Website relating to any such products, items or services is not an endorsement or recommendation of them.
- Links to Other sites
10.1. The Website may provide hyperlinks and/or references to other third party websites (including but not limited to Healthcare Provider(s) and/or Interested Parties), not controlled by HealthCloud. Such links do not imply the endorsement, agreement or support for the content of such other websites.
10.2. Users must be aware that downloading material from these third party websites may risk infringing intellectual property.
10.3. It is the User’s responsibility to assess the authenticity of any third party website which may be hyperlinked or referenced in the Website.
10.4. HealthCloud is not responsible for ensuring that hyperlinks depicted on the Website are operational.
- Internet cookies
11.1. Each time you visit one of the third party websites hyperlinked and/or referenced, HealthCloud collects the limited information that your browser makes available whenever you visit the Website. Additionally, HealthCloud may place internet “cookies” on the computer hard drives of visitors to this Website. Information HealthCloud obtains from cookies helps us to tailor our Website to be more helpful and efficient for Users. The cookie consists of a unique identifier that does not contain personal Information about you or your health history. We use two types of cookies, “session” cookies and “persistent” cookies.
11.2. A session cookie is temporary, and expires after you end a session and close your web browser. We use session cookies to help customize your experience on our Website, and maintain your signed-on status as you navigate through the features.
11.3. Persistent cookies remain on your hard drive after you’ve exited from our Website, until you erase them or they expire. Persistent cookies will not contain any personal Information about you.
12.1. Although HealthCloud acknowledges that a 100% secure online environment is unattainable, HealthCloud is committed to taking reasonable security measures to safeguard the integrity of the Site Content and the Information supplied by a User on the Website.
12.3. HealthCloud is committed to ensuring the privacy and integrity of Information submitted by Users of the Website. All Information of a personal nature submitted or provided by a User will be treated confidentially.
12.4. Portions of this Website require a valid user name, e-mail address, code or password (or a combination of the foregoing) (collectively, “User IDs“) to access and use Services or materials on the Website.
12.5. A User is solely responsible for:
12.5.1. maintaining the strict confidentiality of any User IDs assigned to you;
12.5.2. not allowing another person to use your User IDs to access the Website;
12.5.3. any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your User Ids; and
12.5.4. promptly informing HealthCloud in writing of any need to deactivate a User ID due to potential or actual security breaches. HealthCloud is not liable for any harm related to the theft of your User IDs, your disclosure of your User IDs, or your authorization to allow another person or entity to access and use the Website using your User IDs.
12.6. You agree to immediately notify HealthCloud in writing of any unauthorized use of any of your User IDs.
- Objection and/or withdrawal of consent
13.1. It is recorded that a User shall at all times be entitled to any rights and protections afforded in terms of any Applicable Law in respect of the Processing of any Information of the User, including the right to:
13.1.1. request where necessary, the correction, destruction or deletion of his/her personal Information, by contacting HealthCloud in terms of 13.2;
13.1.2. establish whether any third party, including a Healthcare Provider, holds personal Information of the User and to request access to such personal Information;
13.1.3. submit a complaint in respect of the Processing of any Information supplied to HealthCloud and/or institute civil proceedings in respect of any interference with the protection of any personal Information, to any competent authority, for adjudication in terms of any Applicable Law;
13.1.4. “opt-out” of the Services by:
18.104.22.168. objecting, on reasonable grounds, to the Processing of his/her personal Information contemplated in these Terms and Conditions; and/or
22.214.171.124. withdrawing his/her consent to the Processing of any Information supplied by the User for purposes of the Services.
13.2. If at any time, a User wishes to discontinue making use of the Website, please contact us or email us at firstname.lastname@example.org following which the User’s User IDs and User account will be disabled.
- Disclaimer and limitation of liability
14.1. HealthCloud is not liable for the actions of Users of the Website.
14.2. By using the Website a User indemnifies, defends and holds harmless HealthCloud, its shareholders, employees, any Service Providers, group companies, contractors, consultants, network operators, partners, affiliates and agents from all damages, losses and expenses, including legal expenses arising from:
14.2.1. accessing the Website or any third party website;
14.2.2. the inability to access the Website or any third party website;
14.2.3. any decisions made by the User based on the Site Content on the Website;
14.2.4. the use of the Website or any tools contained on the Website;
14.2.5. the submission by the User, or any third party, of any Information relating to the User, or the Processing of any such Information by HealthCloud, the relevant Healthcare Provider, any Interested Party and/or a Service Provider;
14.2.6. any steps taken on the User’s behalf relating to the Services, where the User asked or instructed HealthCloud to do so;
14.2.7. any errors or inaccuracies contained in any Information provided to HealthCloud, or contained in any information published on the Website;
14.2.8. the use by any third party of the Website using the User’s User ID’s;
14.2.9. any claims for the infringement of intellectual property rights, libel, defamation to any material the User may send and/or upload (to the extent applicable) to the Website;
14.2.10. the User’s breach of any provision of these Terms and Conditions;
14.2.11. any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person may suffer as a result of or in consequence of the use, dissemination, retention or other Processing of any Information relating to the User, Site Content and/or other material provided on the Website, in breach of any Applicable Law;
14.2.12. entering into any transaction with any third party, including HealthCloud, their Service Providers, their agents, employees, contractors, consultants, network operators, partners, affiliates as a result of or in consequence of the reliance of any information contained on the Website or any third party website, in relation to the Services;
14.2.13. any viruses that may corrupt the User’s computer or system as a result of the use of the Website; or
14.2.14. in no event shall HealthCloud, its lawful agents and representatives referred to in the Website, be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limiting, indirect, punitive, incidental and consequential damages, loss profits, expenses, costs, damage resulting from lost data or business interruption) resulting from the use or inability to use the Website, whether based on warranty, contractual or extra contractual liability, any other legal matters, and whether or not HealthCloud, its lawful agents, employees and representatives is advised of the possibility of such damages.
- Applicable Law
Any claim relating to the use of this site or the systems or information to which it gives access shall be governed by the internal substantive laws of South Africa.
- Removal and correction of Site Content
16.1. Users should report any untrue, inaccurate, illegal and/or harmful Site Content appearing on the Website. HealthCloud undertakes to correct and/or remove any offending Site Content as soon as reasonably possible after it becomes aware thereof.
16.2. HealthCloud reserves the right to edit, remove or refuse to post any information or comments submitted by Users on the Website and/or any Forum, which, in the sole discretion of HealthCloud, can be regarded, in its absolute discretion, as being inappropriate.
16.3. If a User has any comments about the Website, or believes that there is any untrue, inaccurate, illegal, infringing or harmful content on the Website, or would like to provide us with any other feedback, please contact us or email us at email@example.com.
16.4. While it is important to HealthCloud to ensure that the Site Content is correct and up-to-date, HealthCloud cannot, and does not provide any warranties in respect of such content and, notwithstanding 16.1, the User acknowledges that HealthCloud is not responsible for any inaccuracies or errors contained in such information and provides no warrant that the information on the Website is complete in order for a User to make any medical decisions in respect of the Site Content depicted on the Website, the User bearing the responsibility to procure professional advice from their Healthcare Provider or any other a person or persons appropriately qualified to provide any such advice.
- Entire agreement
17.1. These Terms and Conditions constitute the whole agreement between the User and HealthCloud in relation to the use of the Website, and shall take precedence over any disclaimer and/or legal notices attached to any communications and/or postings received by HealthCloud from the User (if any).
17.2. Any failure by HealthCloud to exercise and/or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver, and HealthCloud rights in respect thereof shall be reserved.
17.3. No amendment of these Terms and Conditions or any provision or term hereof or of any other conditions contained on the Website, shall be binding unless made by and recorded in writing by HealthCloud.
17.4. To the extent permissible by law, HealthCloud shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.