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”).
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.
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
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.
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.
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.
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.
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.
Once registered, each Parent will be allocated to the relevant Therapist and child on the App by the Practice Owner or Therapist.
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.
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.
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.
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.
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:
Except as set out in these Terms, or as permitted by law, Users agree:
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.
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.
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.
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 firstname.lastname@example.org 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.
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.
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.
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.
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.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of South Africa.
If Users have a complaint about the App, we can be contacted by email at email@example.com
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.