Terms of use
1. What do these Terms regulate?
1.1 This site https://knowledgetranslation.co.za (“Website“) is managed by the clinical research unit known as the Knowledge Translation Unit (the “KTU“) under the management and control of the Health Foundation of South Africa (NPC), registration number 2011/128044/08, a non-profit company registered in accordance with the company laws of the Republic of South Africa (the “HFSA“). Any reference to “we“, “our” or “us” shall include the KTU and the HFSA.
1.2 These Terms apply to any person (hereinafter referred to as “users” or “you” or “your“) who, for whatever purpose:
1.2.1 registers, enrols or joins the Website; or
1.2.2 accesses, refers to, views, distributes, downloads, amends and/or otherwise uses, the information and materials made available by us on the Website (the “Content“). For avoidance of doubt, the Content shall include all guides, training materials, job aids, and other information made available by us on the Website from time to time.
1.3 The activities listed above and/ or the ability to view, access, participate in, use, and/or download the Content on the Website shall be referred to as the “Services“.
2. Your agreement to these Terms
2.1 By accessing, using and/or downloading any Content from the Website in any way, you agree that you enter into a legally binding contract with us upon these Terms and our Privacy Policy. If you do not agree to the Terms or the Privacy Policy, please do not continue to access, use or download any Content from the Website.
2.2 These Terms, the Privacy Policy, and any additional document we incorporate by reference in these Terms constitute the complete and exclusive understanding and agreement between you and us.
2.3 These Terms may be updated or amended by us at any time in our sole discretion. If you continue to access or use the Website and/or our Content after amendments are made and displayed, you will be deemed to have accepted these changes.
2.4 If you do not agree with any term or condition in these Terms, the Privacy Policy, or any policies or additional documents we incorporate by reference, or any subsequent changes thereto or become dissatisfied with us, the Website or our Privacy Policy, you must not continue to use the Website or our Services.
2.5 You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should contact our support team at ktu@uct.ac.za.
3. Accessing and the use of the Services
3.1 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website and the Services.
3.2 The Website and the Services available through the Website may contain links to other third party websites, including (without limitation) social media platforms (“Third Party Websites“). If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. We do not in any way whatsoever endorse or take responsibility for the content, privacy policies and views expressed in or by any Third Party Websites.
4. Accuracy of Information
4.1 The Content available on the Website has been developed to assist with the implementation of training programmes for health professionals and/or community health workers and to educate the public.
4.2 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all the Content available on the Website, the Content is provided on an “as is” basis without any warranties regarding accuracy, relevance, usefulness or fitness for purpose. To the fullest extent permitted by law, the HFSA and all its affiliates and the KTU cannot be held liable or responsible for any aspect of healthcare administered with the aid of this information or any other use of Content, including any use which is not in accordance with any guidelines or misuse outside the Republic of South Africa.
4.3 You understand and agree that the information, details and descriptions set out on this Website may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to the Content or Services.
4.4 Health Care Professionals are strongly advised to consult a variety of sources and use their own professional judgment when treating patients using the Content. It is the responsibility of Users to ensure that the Content is appropriate to the care required for each of their patients within their respective geographical regions. The Content should not be considered a substitute for such professional judgment.
5. Your behaviour when using the Website and the Services
5.1 You may not use the Website to obtain or distribute material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
5.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.
5.3 You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
5.4 You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
5.5 Subject to the further provisions of these Terms, you are not allowed to: (i) frame, modify, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
5.6 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
6. Intellectual Property Rights
6.1 We reserve all rights (including all intellectual property rights) not expressly granted herein to the Website and the Content we make available on or via the Website.
6.2 You agree to not engage in the use, copying, or distribution of any of the Content, other than as expressly permitted herein. If you download or print a copy of the Content, for personal use, you must retain all copyright and other proprietary notices contained therein and you may not share any Content with anyone else without our prior written consent. Such consent can be applied for by emailing us at ktu@uct.ac.za and providing us with your name, organisation (if relevant) and details on where and with whom you wish to share the Content (location, setting, intended users). We reserve the right to withhold consent at our absolute discretion.
6.3 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of KTU and its employees/agents are reserved.
6.4 Any reproduction, modification, creation of derivative works from or redistribution of the Website, is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
6.5 Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Content.
7. Collection of Personal Information
We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our privacy policy further described in our Privacy Policy.8. Indemnity
8.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
8.1.1 your use of and access to the Website, the Content including but not limited to the Services;
8.1.2 your violation of any term of these Terms;
8.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
8.1.4 any claim that your content caused damage to a third party.
8.2 This indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
9. Limitation of Liability
9.1 Subject to paragraph 9.2 below, and as far as the law allows, neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or content provided, from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
9.2 As far as the law allows, no provision of these Terms (or any contract governed by these Terms):
9.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
9.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
10. Exclusion of warranties and representations
As far as the law allows, the Website and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content.
11. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may, at any time, transfer or assign any or all of our rights and obligations under these Terms. We will notify you if we assign any rights or obligations to a third party. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors which we may appoint.
12. Successors and assigns
These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
13. Violation of Terms
Please report any violations of the Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting us at ktu@uct.ac.za. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.14. Electronic Communications
14.1 By using the Website and/or the Services and accepting these Terms, you agree that all agreements, notices, disclosures and other communications sent by you or us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. For the purposes of this paragraph, a “data message” means data generated, sent, received or stored by electronic means.
14.2 You agree specifically that:
14.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;
14.2.2 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
14.2.3 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
14.2.4 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.
15. Consumer Protection Act
15.1 If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act“), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
15.2 No provision of these Terms (or any contract governed by these Terms):
15.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
15.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
15.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
16. Interpretation and miscellaneous provisions
16.1 These Terms and the relationship between us shall be governed and construed in accordance with South African law. Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the courts located in Cape Town, South Africa. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
16.2 The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
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