Terms of Use

Introduction

The Knowledge Hub (KH) Website Terms of Use will govern your (Service Providers and Health Professionals) use of this Website, including all pages within this Website (collectively referred to as this “Website”). By using this Website, you are agreeing to these terms. Please read them carefully.  If you are a Service Provider (defined below), you are also subject to 8. Additional terms and conditions of Service Providers.

Definitions

Health Professional Users (HP-users)

If you are a Health Professional who has registered to use this Site to find PD activities, then you are a Health Professional user (HP-user)

NDoH

National Department of Health

KH

Knowledge Hub or this website

Service Providers

If you have submitted a PD activity and have registered as a Service Provider, then you are a Service Provider.

Users

Service Providers and Health Professional users are collectively referred to as users, where no distinction is required.

Acceptable use of this Website

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without NDoH express written consent.

You must not use this Website to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without our express written consent.

Your KH Account

Access to this Website is restricted. We reserve the right to further restrict access to certain areas of this Website, at our discretion. You will need an account in order to use most of the features on this Website.

You will need to create this account by registering on this Website or an administrator might assign you an account. Upon registration you will need to accept these terms and conditions as legally binding and enforceable on you. We will provide you with a username and password to enable you to access this Website or other content or services. You must ensure that that username and password is kept confidential. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your KH Account, keep your password confidential. You are responsible for any activity that happens on or through your KH Account. Try not to reuse your KH Account password on third-party applications. If you learn of any unauthorised use of your password or KH Account, follow these instructions.

If you suspect that someone else knows or has changed your password, please reset it so that nobody else can sign in to your account. To do so, login with your username and password, go to the account details page, and change the password.

To prevent unauthorized access to your information, here are some tips to help you create a strong password:

  • Make sure your password is at least eight characters in length.
  • Combine numbers and letters, and don't include commonly used words.
  • Select a word or acronym and insert numbers between some of the letters.
  • Include punctuation marks.
  • Mix capital and lowercase letters.

If you're unable to reset your password, and you can't sign in to your account, you can fill out this form (URL to be provided later)

You must not allow any other person to use your account to access this Website.You must not use any other person’s username and password to access this Website. We may disable your username and password at our sole discretion, notification of such action will be provided to the user.

Privacy and Copyright Protection

Our privacy and security policy explains how we treat your personal data and protect your privacy when you use this Website. By using this Website, you agree that NDoH can use such data in accordance with our privacy policy.

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers).

All intellectual property rights in all materials and content made available through this Website vest in the National Department of Health and are protected by South African law. Using this Website does not give you ownership of any intellectual property rights in this Website or the content you access. You may not use, duplicate or adapt any content from this Website unless you obtain permission from us or are otherwise permitted by law or licensing to do so.

If you believe in good faith that any content or materials on this website infringes your copyright, the NDoH provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

  1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Coursera to locate the material on the Services;
  4. the name, address, telephone number, and email address (if available) of the complaining party;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We suggest that you consult your legal advisor before filing a notice.

NDoH also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Coursera in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at info@knowledgehub.org.za, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Health Professional Users’ Content

In these terms and conditions of use, “Health Professional Users’ content” (from now on referred to as “HP-user content”) means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this Website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute HP-user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that HP-user content will comply with these terms and conditions of use.

HP-user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

HP-user content (and its publication on this Website) must not:

  • be libellous or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy, or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime;
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous;
  • be in breach of official secrets legislation;
  • be in breach of any contractual obligation owed to any person;
  • depict violence in an explicit, graphic or gratuitous manner;
  • be pornographic or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • constitute spam;
  • be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

HP-user content must be appropriate, civil, tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use this Website to link to any website or web page consisting of or containing material that would, were it posted on this Website, breach the provisions of these terms and conditions of use.

You must not submit any HP-user content to this Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.

Notwithstanding our rights under these terms and conditions of use in relation to HP-user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

Third party services, websites and hyperlinks

The Site is a connecting place for Health Professionals and Service Providers. We do not hire or employ Service Providers nor are we responsible or liable for any interactions between a Service Provider and a Health Professional. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Service Providers or Heath Professionals, including, but not limited to, any Health Professional’s reliance upon any information provided by a Service Provider.

The Website and Products gives Health Professionals access to links to third-party Websites ("Third Party Sites"). The NDoH does credential the content offered by these Service Providers, however we do not endorse any of these Third Party Sites and we do not control them in any manner. Accordingly, the NDoH does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.

Additional terms and conditions of Service Providers

Service Providers are subject to the approval of PD activities as laid out in the Credentialing policy.

Service Providers will be required to register as such on the site.

Service Providers will be responsible for all Content as submitted by them and linked to via the KH. 

We reserve the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.

As a registered Service Provider, You confirm that:

  • You own or have the necessary licenses, rights, consents, and permissions, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  • You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Site and the Products;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
  • You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Products or to any User;
  • You will not engage in any activity that will require NDoH to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
  • You will not copy, modify or distribute NDoH Content except as permitted in this Terms of Use Agreement;
  • You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
  • You will maintain your enrolment and account information, and all such enrolment and account information shall be accurate;
  • You shall respond promptly to HP Users seeking your services and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;

Trademarks

The Trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to South African and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

Modifying and Terminating our Services

We are constantly changing and improving this Website. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We do not warrant or represent:

  • the completeness or accuracy of the information published on this Website;
  • that the material on the Website is up to date; or
  • that the Website or any service on the Website will remain available.

We reserve the right to discontinue or alter any or all of this Website services, and to stop publishing this Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the Website.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, this Website and the use of this Website.

Limitations and Exclusions of liability

Nothing in these terms and conditions will:

  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

  • are subject to Section ‎‎13.1 ; and
  • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that this Website and the information and services on this Website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

About these terms

These terms and conditions of use, together with the other legal notices on this web page, constitute the entire agreement between you and us in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website. This Website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute.

We may revise these terms and conditions of use from time-to-time. Revised terms and conditions of use will apply to the use of this Website from the date of the publication of the revised terms and conditions of use on this Website. Please check this page regularly to ensure you are familiar with the current version.