TERMS AND CONDITIONS
TERMS OF USE
These Terms were last updated on: [June 2018]
Please read these Terms and Conditions (the “Terms”) carefully before using this application operated by SpecialT (Pty) Ltd (“SpecialT”, “us”, “we” or “our”).
Users’ access to and use of the SpecialT App (the “App”) is conditional upon acceptance and compliance with these Terms and the Privacy Policy. These Terms apply to all Users and others who may access or use the App.
By downloading the App, accessing the App or by clicking on the “Accept” button below Users agree to be bound by these Terms. If Users do not agree with any part of the Terms then the App may not be used or accessed.
We reserve the right to modify, suspend or terminate the App at any time.
1. Definition
The following terms shall have the following meanings unless indicated otherwise:
Guardians – shall include those authorised in writing to act as guardians on the App by parents in writing, such as grandparents, au pairs and even teachers, where applicable.
HPCSA – the Health Professions Council of South Africa
Parents – a child’s mother or father, or both
Personal Information – any information that could identify any individual, including: names, email address, device identity, billing information, and so on.
Practice Owners – the owners of the occupational therapy practices
Terms – these Terms of Use
Therapists – qualified occupational therapist practitioners
Users – Parents, Guardians, Therapists and Practice Owners, and referred to as “Users”, “they”, “their”, “theirs”
Each of these definitions include use of the words defined in the singular.
2. THE APP
The App provides a platform for Users that is intended to enhance the connection and teamwork between Users. The App provides an easily accessible platform that enables Practice Owners to manage both their Practice and the Therapists in their Practice in a convenient way. The App consolidates record keeping by capturing internal therapy notes and communicating session details with parents. All notes, images and documents are stored online, confidentially and securely.
3. GENERAL
We grant Users a non-exclusive, non-transferable, limited right to download, display and use the App. The App and all rights in the App remain our property.
To use the App, Users must have internet access and a device that is capable of accessing the internet (including a phone, computer or other device).
Therapists must provide us with one or more valid and accepted payment method and, by agreeing to these Terms, Therapists agree to pay a monthly subscription fee, as described below (in clause 7).
Users acknowledge that we do not provide medical care, occupational therapy care, nursing and/or diagnostic services or function as a medical professional of any kind. Users acknowledge that the App cannot be used to request emergency care.
Users agree not to interrupt or attempt to interrupt the operation of the App in any way. We reserve the right to restrict access to part of or to the entire App at any time.
Users understand that problems may occur with internet connectivity. The availability of the internet may be disrupted by any number of things. Any problems with internet availability or connectivity are outside our control and we make no guarantee that our Services or the App will be available.
Users are solely responsible for installation of the App on their devices. Any problems encountered while using of the App, including software ‘bugs’ or any other system failure must be reported to us immediately.
4. ACCOUNT REGISTRATION
4.1 Practice Owners and Therapists
It is possible for Users to be registered on the App in different capacities. Practice Owners, for example, can be registered as both Therapists and Parents.
Practice Owners are responsible for entering their own practice information upon registration, the account information for Therapists, Parents, Guardians, and the details of children being treated in their practice. Practice Owners are responsible for sharing their practice-specific URL with Parents, Guardians and Therapists, and for assigning children to the relevant Parents, Guardians and Therapists.
In registering Therapists, Practice Owners are required to submit certain Personal Information for each Therapist in their Practice. The information required includes: full name, practice name, HPCSA number, phone numbers, email address, physical address of practice, website address, password and payment method. Practice Owners may also enter a background image, logo and description of their practice. Emails will be used to confirm the User’s account. (For further information on the use of Personal Information, please see our Privacy Policy).
Practice Owners agree to provide and maintain accurate, complete and up-to-date information on each account. Failure to do so may result in automatic inability to access and use the App or termination of the licence to use the App.
Therapists must be occupational therapists registered with the HPCSA and must provide a valid and active registration number from the HPCSA.
Once registered on the App, both Practice Owners and Therapists are responsible for providing Parents with practice-specific URL links to access information from Therapists.
If a free trial is applicable, payment will only be required upon expiry of the free trial.
4.1 Parents
Once registered, each Parent will be allocated to the relevant Therapist and child on the App by the Practice Owner or Therapist.
4.2 All Users
In order to open an account and to use the App, Users must be at least 18 years of age.
Users can sign on to the App using single-sign-on (SSO) services such as Google and Facebook.
Users are responsible for all activity on their Account. Users agree to maintain the security and confidentiality of their username and password (sign on details) at all times.
It is possible for Users to access the App in different capacities, but the App may be accessed in only one capacity at any given time.
Users may not authorise third parties to use their Account.
Users may not assign or transfer their Account to any other person or entity.
Users agree to abide by the App rules and all applicable laws. Users agree to use the App only for lawful purposes and within South Africa.
Users will not use the App or the Service in such a way as to cause nuisance, annoyance or property damage to another person.
Users may, in certain circumstances, be required to provide proof of identity in order to access the App or Services. Users agree that refusal to do so, may mean that access to the App and Service is denied.
5. USING THE SERVICE
5.1 Eligibility
Users must be 18 years of age or older to access and use the App. By accessing and using the App, Users represent and warrant that they have the right, authority and capacity to abide by the Terms of Use and this Privacy Policy.
5.2 Practice Owners and Therapists
There may only be one Practice Owner per practice. There may be more than one Therapist per practice. Each Therapist will be allocated an account of their own.
Therapists are required to pay a monthly subscription fee. See clause 7 for further information.
5.3 Parents and Guardians
Once registered, Parents and Guardians will be sent a hyperlink from the relevant Therapist. Each hyperlink will provide access to a particular child’s information and allow each Parent or Guardian to communicate with the relevant Therapist. Any change in Therapist for a given Patient on the App must comply with the applicable laws and best practice guidelines.
Parents and Guardians are not required to pay for use of the App.
5.4 Communication with Therapists
Users understand and agree that one of the purposes of the App is to create a more consolidated set of Patient records and communications.
Users will be able to send messages by adding a comment in the space allocated for each session within each child’s profile. Once entered, each comment will be allocated the date it was entered in the App.
Users are warned that use of the internet and email is not secure. While precautionary measures are taken [client to confirm details] there is no guarantee that information sent via the App is safe.
Parents and Guardians understand that Parent-Therapist communications are not encrypted in transit [client to confirm]. Messages are encrypted for storage purposes only. The full names of Parents and Guardians will be disclosed in messages to Therapists.
Messages between Parents or Guardians and Therapists will not be vetted by us. We cannot be held liable for the content of messages sent by Users or the Therapists.
Users agree to take reasonable precautions in making use of the App.
5.5 Therapists
We do not employ the Therapists that use the App.
Users acknowledge that we are not responsible in any way for the quality of service provided to them by a Therapist.
While we do request that Therapists enter some credentials when signing up to use the App, we cannot guarantee the verification of degrees, qualifications, licensure, certificates, credentials, competence or background of any Therapist as accurate. Other than doing this, we do not vet Therapists or their sessions in any way. Parents and Guardians take full responsibility for the decision to use any given Therapist, and for the use and application of any service or advice from the Therapist.
Users understand that the relationship between Parents and Guardians and Therapists is strictly between them. We are not involved in the therapy provided.
Users agree, confirm and acknowledge that they are aware that the therapeutic advice or services that might be provided through the App are not a substitute for a face-to-face session with a Therapist. SpecialT accepts no responsibility for the application of any therapeutic or other advice through the platform of the App.
The App may be used only for lawful purposes. In using the App, Users agree to abide by all applicable laws, rules and guidelines for good practice.
Users shall not use the App in such a way that:
- introduces material that is malicious or technologically harmful;
- is an attempt to gain unauthorised access to the App, servers, computer or database related to the App;
- violates any confidentiality in respect of the content;
- makes use of the App to collect or store personal data about other Users without express permission;
- includes false or inaccurate information that is known to be false or inaccurate;
- disables, circumvents or interferes with any security features of the App;
- attempts to probe, scan or test the vulnerability of the App, associated system or network;
- instruct or encourage any other person to do any of the above.
Except as set out in these Terms, or as permitted by law, Users agree:
- not to copy, make alterations to, or modify, the whole or any part of the App, or permit the App or any part of it to be incorporated with any other program; and
- not to exploit the App otherwise than to the extent of the licence granted under these Terms.
7. FEES
Use of the App by Therapists is on a month-to-month basis and will continue on that basis until use is terminated. Therapists will pay the monthly subscription fees specified by SpecialT.
7.1 Invoicing and Payment
Therapists will provide valid and updated credit card information, or a valid purchase order or alternative document acceptable to us.
By providing us with credit card information, Therapists authorise us to charge such credit card for all monthly subscription fees monthly in advance.
If a payment method other than a credit card is specified, the Therapists will be invoiced accordingly, monthly and in advance.
Fees will be billed in advance, and automatically renew on a monthly basis, or as agreed in writing. No refunds or credits will be provided for partial months.
7.2 Overdue charges
Therapists remain responsible for any uncollected amounts. If payment is not successfully settled due to insufficient funds or otherwise within 30 days, we reserve the right to immediately suspend access to the App, effective until payment is received in full.
7.3 Right to change prices
We may change our subscription plan/s and the subscription price from time to time. Any price change will be communicated on our website and on the App. Continued use of the App by Therapists after changes in price constitutes an acceptance of the new price. Any changes will apply no earlier than 30 days following notice to Therapists.
Users can terminate their subscription at any time. Users will continue to have access to and use of the App through to the end of their monthly billing period, where applicable.
Users may terminate their account and use of the App by submitting a termination request to us by email [email protected] or by calling us on 064 528 3195.
Upon termination, Users will have access to and use of existing content only. No further communications will be permitted between Users. No further information may be stored on the App.
We reserve the right, in our sole discretion, to terminate the right to access or use of the App. To the extent permitted by the Consumer Protection Act and other applicable legislation, we are not responsible for any loss, harm or damage related to Users’ inability to access or use the App as a result of termination.
9.1 SpecialT
Users agree that we retain all rights, title and interest in and to all copyright, trade marks, trade secrets, and any other proprietary rights in the App, the software, App interfaces, and videos used on the App. Users may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the App.
No portion of the App may be reproduced in any way except as may be expressly permitted in these Terms. Users agree not to exploit the App in any unauthorised manner.
9.2 User Content
When Users use the App, Users may store things like their files, therapy notes, documents, images, communicating sessions and so on on the SpecialT server (“User Content”). User Content belongs to Users only. We do not have any rights to User Content except for limited rights to enable us to provide the App.
To provide Users with access to and use of the App, we will need to do things like host User Content, back it up and share it when Users ask us to. The App provides Users with features that preview documents, organise communications, editing, sharing and searching content. These and other features may require our systems to access, store and scan User Content. Users give us permission to do these things, and this permission extends to our affiliates and the trusted third parties we work with.
To the extent permitted by law, Users shall hold SpecialT harmless against all costs, damages and expenses, loss and liabilities that arise as a direct or indirect result of any breach of these terms by you, your fault, negligence or breach of duty imposed by statute.
Limitations of liability
Except to the extent that liability cannot be excluded by law including the Consumer Protection Act, we will not be liable to Users or any other person for any accident, injury, loss or claim by anyone arising from use of the App, Service, or any content made available through the App.
SpecialT cannot be held responsible for any service, advice, or communication provided by a Therapist.
Users assume the risk in using the App as well as total responsibility for establishing and maintaining procedures for data backup and virus checking as they consider necessary.
We do not guarantee that the App will always function without disruption, delay or other imperfection.
We do not make any guarantees or provide any undertaking that the App will be available at all times; or that the App will be error free, reliable, secure or free from viruses or other harmful content; or that we will correct any defects.
We are committed to protecting privacy and security of Users and have explained the steps taken to do so. Please read our Privacy Policy here: https://specialt.co.za/privacy
In order to further protect your privacy and any information stored on the App, we recommend that all files be password protected with a sufficiently secure password.
These Terms and Conditions may change at any time. Users should visit this page periodically to check for changes.
Users may be informed from time to time of any material changes to these Terms and Conditions with a notice that is appropriate in the circumstances, for example: by displaying a prominent notice or by sending Users an email.
Where changes are made, continued use of the App by Users constitutes acceptance of the changes.
If Users do not wish to continue using the App under the new version of the Terms and Conditions, Users may terminate their account.
16. Miscellaneous
16.1 Governing law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of South Africa.
16.2 Complaints
If Users have a complaint about the App, we can be contacted by email at [email protected]
16.3 Technical Support
If Users have any technical issues with the App, the information form located on the App may be completed. The information requested in the form will help us to resolve issues quickly and effectively.