Terms of Use (Therapist)

DYNAMIC HEALTH TODAY

INDEPENDENT THERAPIST/PROVIDER TERMS AND CONDITIONS OF USE OF PLATFORM AND SERVICES AGREEMENT

  1. INTRODUCTION
  2. INDEPENDENT SERVICE PROVIDER TERMS AND CONDITIONS
  1. NON-CIRCUMVENTION
  2. RISK, WARRANTY, LIABILITY & INDEMNITY
  3. CONFIDENTIALITY
  4. SUBSCRIPTION SERVICES, PAYMENT & PAYMENT METHODS
  5. MEDICAL AID CLAIMS
  6. PAYMENT & PAYMENT METHODS
  7. SUSPENSION AND CANCELLATION
  8. COMPLAINTS PROCESS
  9. CONTENT OF THE WEBSITE
  1. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
  2. USAGE RESTRICTIONS
  3. SECURITY
  4. INTELLECTUAL PROPERTY RIGHTS
  5. DHT PRIVACY AND COOKIE POLICY
  6. BREACH OR CANCELLATION BY DHT
  7. COMPLIANCE WITH SECTION 43(1) OF ECT ACT
  8. COMPLIANCE WITH LAWS
  9. NOTICES
  10. GENERAL CLAUSES
  11. INTERPRETATION
  12. DEFINITIONS AND APPLICABLE LEGISLATION

1. INTRODUCTION

Dynamic Health Today (“DHT”) is a telemedicine / telehealth platform designed to act as an interface to connect the User and Health Practitioners who, specialise in mental health care and psychological care services. DHT is passionate about mental health care and wants to help the User get the support the User need.

DHT’s subscription services include inter alia: Online Counselling
Resources
Workshops and Webinars

Self-Therapy Toolkits

These subscription services may be reviewed, updated, added to and/or removed by DHT from time to time, meaning that the above list of subscription services may change. This list is not exhaustive and it may be varied from time to time to bring it in line with the current subscription and general services offered by DHT.

Where Providers are in doubt whether a Telehealth/Teletherapy consultation will be in the best interest of the client, the clients are advised to present themselves for a face-to-face consultation or to seek assistance at a health care facility closest to them to seek further professional medical advice, consultation, examination, diagnosis or treatment.

2. INDEPENDENT SERVICE PROVIDER TERMS AND CONDITIONS

2.1. This document sets out the terms and conditions of the agreement (“the Independent Service Provider Terms”) between the Independent Service Provider/you and Dynamic Health Today for:

  1. 2.1.1.  The access and use of the platform, and it’s resources collectively known as “Dynamic Health Today” by the Provider through which the Provider renders certain agreed services, including but not limited to counselling, consulting, professional advice services and any other informational services (collectively the “Provider Services”). A Provider (also referred in this Provider Agreement as “you”) is any therapist, counsellor, consultant, practitioner, professional, expert, coach, advisor or any other person who registers to provide Provider Services, through the use of the Platform, to any other person or persons (the “User” or “Users”).
  2. 2.1.2.  The relationship between Dynamic Health Today and you, the Provider is solely that:
  3. 2.1.3.  You are and agree to practice as an independent contractor and conduct services in terms of this Service Provider Agreement as well as the Therapist guidelines and

recommendations. You therefore agree to provide services as agreed inter alia

2.1.4. counselling, consulting, professional advice and any other informational services that are provided (collectively the “Provider Services”) through or on the DHT Platform.

  1. 2.2.  In accepting these Service Provider Terms you agree that you have read and understood that DHT in terms of the Therapist Guidelines and Recommendations and by using the DHT Platform, the Provider acknowledges that no part of the relationship between DHT and yourself can be misconstrued as that which would establish an employment relationship and you do so subject to these Terms and Conditions.
  2. 2.3.  The Service Provider Terms together with the Website Terms and conditions pertaining to the access and use of the information, products, subscription and general services and functions provided on www.dynamichealth.today sets out the terms and conditions of Dynamic Health Today (Pty) Ltd, No.2016/229172/07, (“DHT”) pertaining to the access and use of the information, products, subscription and general services and functions provided on www.dynamichealth.today.
  3. 2.4.  Notwithstanding anything to the contrary the Terms and Conditions of the Use of the Website must be read in conjunction with the Service Provider Terms, as if specifically incorporated herein.
  4. 2.5.  By accessing or using the Platform as a Provider, you are entering into this Provider Agreement. You should read this Provider Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Provider Agreement, you must refrain from signing up to the Platform as a Provider, you must stop making any use of the Platform as Provider and you should not access the Platform as a Provider.
  5. 2.6.  You further acknowledge and agree that prior to DHT’s acceptance to make use of your services, you consent to the information and requirements requested as per Schedules 1 and 2 hereto, being made available to and used by DHT, in order to verify your registration at the HPSCA, SACSSP and/or SANC and/or other regulatory bodies applicable to your profession. Such information is set out and contained in Schedules 1 and 2 to the Service Provider Terms and Conditions.
  6. 2.7.  Notwithstanding anything to the contrary the terms and information as per Schedules 1 and 2 to the Service Provider Terms and Conditions must be read in conjunction with the Service Provider Terms as well as the Website terms of use, as if specifically incorporated therein.
  7. 2.8.  Should the Provider disagree with any of the terms, albeit the Terms of Use for the Website, the Therapist Guidelines and Recommendations or the Service Provider Terms contained in this document, the Provider must

refrain from accessing the Website and/or providing services using the DHT platform and website.

  1. 2.9.  DHT undertakes to generate and provide an invoice to the Provider in respect of the services rendered by the Provider and the invoice will be sent to the Provider by DHT, to the chosen email address provided by the Provider.
  2. 2.10.  The Provider agrees, confirms and acknowledges that the Provider is responsible to ensure that each and every invoice generated by DHT is received timeously and is correct in every respect.
  3. 2.11.  The Provider agrees, confirms and acknowledges that it is the Provider’s responsibility to ensure that payments that are due to the Provider are received timeously and correctly.
  4. 2.12.  The Provider agrees, confirms and acknowledges that the Provider is responsible to ensure that correct bank account details are provided to DHT by the Provider.
  5. 2.13.  The Provider agrees, confirms and acknowledges that the Provider is responsible to ensure that all information regarding the Provider’s personal and bank details remain up to date.
  6. 2.14.  The Provider agrees, confirms and acknowledges that the Provider is responsible for the Provider’s personal tax and/or value-added tax liabilities. DHT undertakes to provide a comprehensive Tax and/or Vat compliant statement/ certificate for the Provider’s special instance and request or after every financial year –end.
  7. 2.15.  By providing services to the DHT Platform and/or accessing the Website, the Provider confirms and agrees that all the information that the Provider provided in or through the DHT Platform, and the information that the Provider provides on or through the DHT Platform in the future, is accurate, true, current and complete. Furthermore, the Provider agrees that during the term of this Agreement the Provider will make sure to maintain and update this information so it will continue to be accurate, current and complete.
  8. 2.16.  The Provider agrees, confirms and acknowledges that the Provider is responsible for maintaining the confidentiality of the Provider’s password and any other security information related to the Provider’s account (collectively “Account Access”). We advise the Provider to change the Provider’s password frequently and to take extra care in safeguarding the Provider’s password.
  9. 2.17.  The Provider agrees to notify DHT immediately of any unauthorized use of the Provider Account Access or any other concern for breach of the Provider’s account security.
  1. 2.18.  The Provider agrees, confirms and acknowledges that DHT will be liable for any loss or damage that incurred as a result of someone else using the Provider’s account, with or without the Provider’s consent and/or knowledge.
  2. 2.19.  The Provider agrees, confirms and acknowledges that the Provider is solely and fully liable and responsible for all activities performed using the Provider’s Account Access. The Provider further acknowledges and agrees that DHT can and will hold the Provider liable and responsible for any damage or loss incurred as a result of the use of the Provider’s Account Access by any person whether authorized by the Provider or not, and the Provider, by accepting these Terms agrees to indemnify DHT for any such damage or loss.
  3. 2.20.  The Provider agrees and commits not to use the account or Account Access of any other person for any reason.
  4. 2.21.  The Provider agrees and confirms that the services that the Provider will render via the Platform are only the services agreed upon between DHT and the Provider and the Provider will not use any of the functions of the DHT Platform, for the Provider’s own personal use and that the Provider is not using the DHT Platform or any of the Subscription Services for or behalf of any other person or organization for whatever reason, including but not limited to direct marketing purposes or sale of products and services not agreed upon DHT and the Provider and services and products not offered by DHT or any of its affiliates with which it has concluded service agreements.
  5. 2.22.  The Provider agrees and commits not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the DHT Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
  6. 2.23.  The Provider agrees and commits not to make any use of the DHT Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
  7. 2.24.  The Provider agrees and commits not to violate any applicable law, albeit, municipal, national or international law, statute, ordinance, rule, regulation or ethical code or code of conduct in relation to the Provider’s use of or services through the DHT Platform, Subscription Services and Provider relationship with the relevant Provider and DHT itself.
  1. 2.25.  If the Provider receives any file from DHT or from a DHT employee or other independent service provider, whether through any of the DHT Platforms or not, the Provider agrees to check and scan this file for any virus or malicious software prior to opening or using this file.
  2. 2.26.  The Provider will indemnify DHT, and hold DHT harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) the Provider access to or use of or services rendered through the DHT Platform; (b) any actions made with the Provider account or Account Access whether by the Provider or by someone else, whether directly or indirectly associated with the Provider; (c) the Provider’s violation of any of the provisions of this Agreement; (d) non-payment for any of the Subscription services (including but not limited to Therapist’s Services) which were provided through the DHT Platform; (e) the Provider’s violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

3. NON-CIRCUMVENTION

  1. 3.1.  The Provider undertakes that the Provider will not at any time, whether directly or indirectly, endeavour to or actually circumvent the DHT Platform by dealing directly or endeavouring to deal directly, or indirectly, with any User that DHT has connected the User with, or the User that DHT has introduced the Provider to, to the exclusion of the DHT Platform;
  2. 3.2.  In the event that the Provider accepts or solicits Services contrary to the provisions of clauses 3.1 above, the Provider unequivocally agrees and undertakes to provide DHT with a schedule of all Services rendered by you, the Provider.
  3. 3.3.  The User undertakes to pay the compensation to DHT, stipulated in clause 3.2 above, into DHT’s nominated bank account within 30 days of DHT’s demand or of such circumvention having come to your attention, whichever is earlier.

4. RISK, WARRANTY, LIABILITY & INDEMNITY

4.1. The Provider acknowledges and accepts that there is no warranty or claim to the to the reliability, accuracy, timeliness, usefulness, adequacy or completeness of the services provided inter alia:

  1. 4.1.1.  Through or on the DHT Website;
  2. 4.1.2.  Using telemedicine and or teletherapy
  3. 4.1.3.  Using the therapists;
  4. 4.1.4.  Using the DHT platform;
  1. 4.1.5.  Attending and or watching and or listening to DHT Webinars;
  2. 4.1.6.  Using DHT Self therapy Toolkits; and/or
  3. 4.1.7.  Any other services which may be accessible through the DHT Website, the DHT Platform and/or its subscription services from time to time.
  1. 4.2.  Notwithstanding paragraph 4.1, the Provider undertakes to provide his or her professional services, with the utmost duty of care required of their respective professions.
  2. 4.3.  DHT can, neither through its employees, directors, shareholders, members, independent contractors and/or any associated persons, nor any of the other attending Providers, either explicitly or by implication give an undertaking, and/or make a warranty and/or a claim as to the correctness and/or the appropriateness and/or the effectiveness of any of the content and/or any information and/or responses and/or course of treatment provided to the User by the Provider.
  3. 4.4.  DHT does not in any way guarantee that engagement with a therapist via the DHT platform is the appropriate course of action and/or the only course of action for the User’s particular health care problem.
  4. 4.5.  DHT and the Provider shall not be liable for any damages of any nature, including personal injury, wrongful death or loss of use, as a result of the User using the services and/or the inability to use the services.
  5. 4.6.  The Provider indemnifies and holds DHT, the other Providers and their affiliates harmless against all losses, liability, expenses, damages and costs, including all attorney’s fees, arising out of or related to any breach of the terms of use by the Provider and or any of his or her affiliates, the Provider’s relationship with DHT and the User any negligent or wrongful action or omission by the Provider related to the Provider’s use and rendering of any and all services through DHT, or any negligent or wrongful use of the services by the Provider or any other person acting on the Provider’s behalf.
  6. 4.7.  The Provider acknowledges and accepts that the use of any of the services, and/or rendering services (subscription and general) on the website, DHT’s social media sites and the DHT’s platform is entirely at the Provider’s own risk.
  7. 4.8.  If any applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
  8. 4.9.  This entire section shall survive the termination or expiration of this Agreement.

5. CONFIDENTIALITY

  1. 5.1.  Teletherapy sessions and issues discussed therein remain confidential between the Provider and the User. In this regard, confidentiality means that the Provider has a responsibility to keep information obtained during teletherapy confidential, including all identifying information about the User’s assessment and treatment.
  2. 5.2.  The Provider, acknowledges that there are circumstances, (not including where legal exceptions exist and are mandated by law), where the Provider may be required to breach this confidentiality. In instances where confidential information is requested for release by a court of law for instance, the Provider will only do so after the client has obtained the necessary permissions from the User in writing where appropriate, necessary and possible.
  3. 5.3.  The Provider acknowledges and accepts that in certain situations, the Provider is required by law to reveal information obtained during therapy to other persons or agencies without the User’s consent. In such situations, the Provider will not be required to inform the User of the Provider’s actions nor obtain a release form.
  4. 5.4.  The Provider acknowledges and notes that exceptions to confidentiality are applicable in inter alia the following situations:
    1. 5.4.1.  Cases of acknowledged or suspected abuse/neglect of children. If the Provider has knowledge of a child or suspect that a child under 18 has been the victim of child abuse or neglect, the law requires that the Provider file a report with the appropriate governmental agency. The Provider is also required to report it if the Provider knows or reasonably suspect that mental suffering has been inflicted upon a child or that his or her emotional well-being is endangered in any other way (other than physical or sexual abuse, or neglect). Once a report is filed, the Provider acknowledges and accepts that the Provider may be required to provide additional information.
    2. 5.4.2.  Cases of acknowledged or suspected abuse/neglect of the elderly or dependent adult. If the Provider observes or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse or neglect of an elderly or dependent adult, the law requires that the Provider report it to the appropriate government agency. The Provider acknowledges and accepts that once such a report is filed, the Provider may be required to provide additional information.
    3. 5.4.3.  Cases of potential harm to self. If a client threatens to harm him- or herself the Provider is obligated to seek hospitalization for the client or to contact family members or others who can intervene, provide assistance, help or provide protection.
  1. 5.4.4.  Cases of potential harm to others. If a client communicates a serious threat of physical violence against an identifiable victim, the Provider must take protective actions, including notifying the potential victim and contacting the police. The Provider may also seek hospitalization for the client, or contact others who can assist in protecting the victim.
  2. 5.4.5.  The Provider may disclose confidential information in proceedings bought against the Provider by a client in order to defend him or herself as a professional.
  3. 5.4.6.  Disclosure may occur as mandated by the courts of law, for example, if courts subpoena the client files. If subpoenaed the Provider is required by law to appear as a witness in court in matters concerning the client, however, in such cases the Provider will indicate they are appearing as an unwilling witness. If the User, are involved in court proceedings or may become involved in litigation, please consult the User’s legal counsel prior to signing this agreement to determine whether a court would be likely to order the Provider to disclose information.
  4. 5.4.7.  Disclosure of personal details may occur in order to obtain payment for DHT subscription services. The terms and conditions of PayFast can be found on www.PayFast.co.za.
  1. 5.5.  The Provider acknowledges and accepts that teletherapy and online counselling cannot replace or be compared to traditional face-to-face counselling, and is an entirely new process with its own benefits and disadvantages. It is the responsibility of the Provider to conduct each session in an environment in which the User feels safe and where the User’s information remains confidential.
  2. 5.6.  Neither DHT nor any of the Providers can under any circumstances be held liable for breach of confidentiality due to the negligence of the User.
  3. 5.7.  Neither DHT, nor its employees, directors, shareholders and/or members can under any circumstances be held liable for breach of confidentiality due to the negligence of the Provider.
  4. 5.8.  This entire section shall survive the termination or expiration of this Agreement.

6. SUBSCRIPTION SERVICES, PAYMENT & PAYMENT METHODS

  1. 6.1.  DHT offer subscription packages for the use of its services for Individuals, Couples and Teens.
  2. 6.2.  All payments must be made via PayFast in advance and prior to making use of the selected DHT Subscription Service.
  3. 6.3.  PayFast terms and conditions can be found at www.PayFast.co.za;

6.4. DHT reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.

7. MEDICAL AID CLAIMS

  1. 7.1.  DHT does not claim from the Medical Aid on behalf of the User.
  2. 7.2.  Individual invoices can be generated after each session and provided together with relevant ICD-10 codes for submission to the User’s medical aid, but the User is required to submit and claim from the User’s medical aid.
  3. 7.3.  The Provider is obliged to provide DHT with applicable ICD-10 codes for the diagnosis of the User for the submission to the User’s medical aid, by the User.
  4. 7.4.  Should the User have any further queries regarding medical aid claims or ICD-10 codes, same can be discussed with the relevant Provider or directed at info@dynamichealth.today.

8. PAYMENT & PAYMENT METHODS

  1. 8.1.  Please refer to the completed DHT Pricing Rules and Provider Fee agreements, which agreement forms part of these Terms as if it is specifically incorporated herein.
  2. 8.2.  DHT reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.

9. SUSPENSION AND CANCELLATION

  1. 9.1.  Both DHT and the Provider shall be entitled to cancel the entire Agreement, not limited to, but including any and all other agreements entered into between DHT and the Provider, without any reason and recourse to itself, on 30 (thirty) days’ notice in writing.
  2. 9.2.  DHT will be entitled, but not obliged to:
    1. 9.2.1.  suspend the Providers services of a selected DHT Subscription Service, without any recourse to itself, pursuant to any unforeseen event beyond its reasonable control and which prevents its performance; and/or
    2. 9.2.2.  suspend the Providers services of a selected DHT Subscription Service and/or cancel or terminate this Agreement if and to the extent the User and/or Third Party Benefit Programme fails, neglects and/or refuses to make any payment timeously and/or at all; and/or cancel or terminate this Agreement, without any recourse to itself, if and to the extent any agreement by and

between DHT and a Third Party Benefit Programme is suspended, terminated and/or expires.

10. COMPLAINTS PROCESS

  1. 10.1.  Complaints of a professional nature can be lodged with the HPCSA by completing the relevant forms found at https://www.hpcsa.co.za/ and be directed to the Registrar, P O BOX 205, Pretoria, 0001, 553 Madiba Street, Arcadia 0083; Legalmed@hpcsa.co.za; Tel: 012 338 9300; Fax: 012 328 4895 or emailing legalmed@hpcsa.co.za.
  2. 10.2.  All complaints regarding the general use of the website and or services provided on the website can be sent to info@dynamichealth.today. .

11. CONTENT OF THE WEBSITE

  1. 11.1.  DHT uses the services of third parties and you the Provider to provide information or provide services to the User on or through the Website. DHT has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The User agrees that such information is provided “as is” and that DHT and its online partners shall not be liable for any losses or damages that may arise from the User’s reliance on it, howsoever these may arise.
  2. 11.2.  DHT makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
    1. 11.2.1.  DHT does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. DHT expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
    2. 11.2.2.  whilst DHT has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the User’s system; and
    3. 11.2.3.  DHT disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which DHT receives it and statements from external parties are accepted as fact.

12. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

  1. 12.1.  DHT may provide links to third party websites on the Website. These links are provided to the Provider for convenience purposes only and DHT does not endorse, nor does the inclusion of any link imply DHT’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
  2. 12.2.  While DHT tries to provide links only to reputable websites or online partners, DHT cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of DHT. DHT is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
  3. 12.3.  The Provider agrees that DHT shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that the Provider may have with any linked websites, including advertisers, found on the Website, are solely between the Provider and the third party website.
  1. 13.1.  copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
  2. 13.2.  decompile, disassemble or reverse engineer any portion of the Website;
  3. 13.3.  write and/or develop any derivative of the Website or any other software program based on the Website;
  4. 13.4.  Modify or enhance the Website. In the event of a Provider effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of DHT;
  5. 13.5.  without DHT’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the Provider;
  6. 13.6.  remove any identification, trademark, copyright or other notices from the Website;

13. USAGE RESTRICTIONS

The Provider hereby agrees that it shall not itself, nor through a third party:

  1. 13.7.  post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
  2. 13.8.  Notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

14. SECURITY

  1. 14.1.  In order to ensure the security and reliable operation of all the services to all DHT’s Providers, DHT hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
  2. 14.2.  The Provider may not utilise the Website in any manner which may compromise the security of DHT’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should DHT suffer any damage or loss, civil damages shall be claimed by DHT against the Provider.
  3. 14.3.  Any Provider who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by DHT and its affiliates, agents and/or partners.
  1. 15.1.  “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by DHT, now or in the future, including without limitation, DHT’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
  2. 15.2.  All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary

15. INTELLECTUAL PROPERTY RIGHTS

For the purpose of this clause, the following words shall have the following meanings ascribed to them:

material”), are the property of, or are licensed to, DHT and as such are protected from infringement by local and international legislation and treaties.

  1. 15.3.  By submitting reviews, comments and/or any other content (other than the Provider personal information) to DHT for posting on the Website, the Provider automatically grants DHT and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, the Provider retains any and all rights that may exist in such content.
  2. 15.4.  All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to the Provider.
  3. 15.5.  Except with DHT’s express written permission, no proprietary material from this Website may be copied or retransmitted.
  4. 15.6.  Irrespective of the existence of copyright, the Provider acknowledges that DHT is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the Provider has no right, title or interest in any such material.
  5. 15.7.  DHT authorises the Provider only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

16. DHT PRIVACY AND COOKIE POLICY

Please see our complete Privacy and Cookie Policy document, which Policy forms part of these Terms as if it is specifically incorporated herein. DHT takes the Provider’s privacy seriously and is committed to protecting the Provider personal information. We use the personal information that we collect from the Provider in accordance with our Privacy and Cookie Policy.

17. BREACH OR CANCELLATION BY DHT

17.1. DHT is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such Provider use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to DHT’s right to claim damages, should any Provider:

17.1.1. breach any of these Terms;

17.1.2. in the sole discretion of DHT, use the Website in an unauthorised manner; or

17.1.3. Infringe any statute, regulation, ordinance or law.

17.2. Breach of these Terms entitles DHT to take legal action without prior notice to the Provider and the Provider agrees to reimburse the costs associated with such legal action to DHT on an attorney and own client scale.

18. COMPLIANCE WITH SECTION 43(1) OF ECT ACT

In compliance with section 43(1) of the ECT Act, the following is noted:

  1. 18.1.  Full name:
  2. 18.2.  Registration number:
  3. 18.3.  Physical address(for service of legal processes):
  4. 18.4.  Postal Address:
  5. 18.5.  Telephone number:
  6. 18.6.  Website address:
  7. 18.7.  E-mail address:
  8. 18.8.  Names of office bearers:

Dynamic Health Today (Pty) Ltd 2016/229172/07

79 Hamlin Street, Highlands North Ext, Johannesburg, South Africa 2192
PO Box 737, Florida Hills, South Africa, 1716 0837590351

www.dynamichealth.today

info@dynamichealth.today

LC Fick –Director, JCA Fick –Director

19. COMPLIANCE WITH LAWS

The Provider shall comply with all applicable laws, statues, ordinances and regulations pertaining to the Provider’s use of, rendering services on and access to this Website.

20. NOTICES

20.1. Except as explicitly stated otherwise, any notices shall be given by email to info@dynamichealth.today (in the case of DHT) or to the e-mail address the Provider have provided to DHT (in the Provider’s case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, DHT may give the Provider notice by registered mail, postage prepaid and return receipt requested, to the address which the Provider have provided to DHT. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. The Provider acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written

notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

20.2. Any Provider specific queries or requests can be directed to info@dynamichealth.info.

21. GENERAL CLAUSES

  1. 21.1.  These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
  2. 21.2.  By agreeing to render online therapeutic services, the Provider is offering to provide the agreed services and make use of DHT’s platform, which offer shall be deemed to be communicated to the administrator of DHT’s online platform in the Republic of South Africa, Johannesburg and the acceptance of such offer to receive our service shall be deemed to be accepted in the Republic of South Africa, Johannesburg, irrespective of where the acceptance of the offer (which occurs in the Republic of South Africa, Johannesburg) is read by the Provider of DHT’s online services.
  3. 21.3.  All services, whether rendered by way of text messaging, audio chat or video conferencing, will be deemed to be performed and received in the Republic of South Africa, Johannesburg, irrespective of where the recipient of the online services may be physically present at any given time.
  4. 21.4.  As a result of the above, the Laws of the Republic of South Africa, including any regulations, guidelines and/or rules as stipulated by any applicable governing body such as the Health Professions Council of South Africa (“HPCSA”) in relation to the provision of psychological/counselling services, privacy, jurisdiction, liability and non- liability shall apply in relation to the provision or non-provision of services.
  5. 21.5.  This Website is controlled, operated and administered by DHT from its offices within the Republic of South Africa. DHT makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Providers may not use this Website, or render any services via the platform in violation of South African export laws and regulations. If the Provider accesses this Website or renders his or her services on the platform from locations outside of South Africa, that Provider is responsible for compliance with all local laws.
  6. 21.6.  DHT reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a Provider accesses the Website and/or uses alternative

provides his or her services via the Website and or platform, the Provider shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by DHT from time to time. If the Provider is not satisfied with the amended Terms, the Provider should refrain from using and/or providing his or her services via the Website.

  1. 21.7.  We will however give the Provider prior notice where we have collected personal information from the Provider and the purpose, for which we collected that information, is affected by the intended amendment.
  2. 21.8.  If there is anything in these Terms that the Provider do not understand then please contact DHT as soon as possible – see clause 18 and 20 above for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
  3. 21.9.  DHT does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
  4. 21.10.  DHT’s failure to act with respect to a breach by the Provider or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
  5. 21.11.  If DHT and/or the Provider agrees, either explicitly, tacitly or by implication, to waive their rights in one circumstance, it does not mean they agree to waive their rights in all circumstances or in that same circumstance on another occasion.
  6. 21.12.  The Provider shall not be entitled to cede the Provider rights or assign the Provider rights or delegate the Provider’s obligations in terms of these Terms to any third party without the prior written consent of DHT.
  7. 21.13.  No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
  8. 21.14.  These Provider Terms set forth the entire understanding and agreement between the Provider, DHT and the Therapist with respect to the subject matter hereof.
  9. 21.15.  Each of the provisions of this Agreement is to be treated as distinct, individual and separately enforceable from the other provisions. Should any provision of the User Terms become invalid, or be invalid, or unenforceable, then that provision shall be deemed to be severable from the remaining provisions of the Provider Terms which shall continue to be in full force and effect.
  10. 21.16.  The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

21.17. The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

22. INTERPRETATION

22.1. The headings of the clauses in these Independent Service Provider Terms and Conditions are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the terms hereof nor any clause hereof. Unless a contrary intention appears–

  1. 22.1.1.  Words importing any one gender include the other gender, the singular includes the plural and vice versa and a natural person includes juristic persons (corporate or unincorporated) and vice versa.
  2. 22.1.2.  A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
  3. 22.1.3.  References to clauses and annexures are to the clauses and annexures of this Agreement; references to paragraphs are to paragraphs of the relevant annexures to this Agreement.
  4. 22.1.4.  If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
  5. 22.1.5.  When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a business day, in which case the last day shall be the next succeeding business day.

“AHP Act” refers to the Allied Health Professions Act 63 of 1982, Any reference to AHPA automatically includes references to the Regulations in terms of the Allied Health Professions Act of 1982 as amended (“the Regulations”) and the Code of Ethics of the Allied Health Profession

23. DEFINITIONS AND APPLICABLE LEGISLATION

This list is not exhaustive and that DHT strives to be ethically and legislatively compliant and strives to remain up to date with any existing, amended and new applicable laws, guidelines, regulations and codes of ethics in South Africa

“Confidential Information” means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information by a Party, or information which the receiving Party knows or reasonably should have known is of a proprietary or confidential nature.

“Constitution of the RSA” means the Constitution of the Republic of South Africa.

“CPA” means the Consumer Protection Act 68 of 2008.

“DHT subscription services” include inter alia Online Counselling and related Resources, Workshops and Webinars and Self-Therapy Toolkits and are subject to being amended, removed or expanded, terminated from time to time at the sole discretion of DHT.

“DHT general services” include inter alia any other services offered via the Website, other than those covered under the Subscription Service and are available for access and free of use to the Provider and are subject to being amended, removed or expanded, terminated from time to time at the sole discretion of DHT.

“Documentation” means the document made available to the Provider by DHT online via www.dynamichealth.today or such other web address notified by DHT to the Provider from time to time which sets out a description of the DHT Subscription and General Services and the Provider instructions for the DHT Subscription and General Services.

“ETC Act” means the Electronic Communications and Transactions Act 25 of 2002. “Ethical Rules” means the Ethical Rules of Conduct for Practitioners Registered

under the Health Professions Act.

“Health Practitioners” and or “Providers” means Registered Counselling, Clinical, Industrial & Educational, Psychologists, Social Workers, Psychiatric nurses.

“Health Profession Regulations” means regulations defining the scope of the health care profession of psychology of the Health Professions Act.

“HPA Act” means the Health Professions Act 56 of 1974; Any reference to HPA automatically includes references to the Regulations in terms of the Health Professions Act 56 of 1974 as amended (“the Regulations”) and the Ethical Rules of Conduct of the Health Profession

“HPCSA” means the Health Professions Council of South Africa.

“Intellectual Property Rights” means all the rights in and to Intellectual Property including (without limitation) the rights in and to trademarks, service marks, trade names, domain names, logos, get-up, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), utility models, registered and unregistered design rights, copyright, semi-conductor topography rights, database rights, rights in respect of any new or existing compilation of any data or information not covered under any existing copyright, any structured analysis, reports, application and any resulting know-how, use or any other results originating or

following from or as a consequence of data being made available in respect of any of the aforementioned or part thereof, and all similar proprietary rights which may subsist in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations, as well as any Confidential Information or processes relating to that subject matter.

“Mental Health Act” means the Mental Health Care Act 17 of 2002. “PAIA Act” means the Promotion of Access to Information Act 2 of 2000.

“Personal Information” has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 (“POPI”).

“POPI Act” means the Protection of Personal Information Act 4 of 2013.

“Telemedicine” means the practice of medicine using electronic communications, information technology or other electronic means between a healthcare practitioner in one location and a healthcare practitioner in another location for the purpose of facilitating, improving and enhancing clinical, educational and scientific healthcare and research, particularly to the under serviced areas in the Republic of South Africa. Telemedicine involves secure videoconferencing or similar forms of technology which enable healthcare practitioners to replicate the interaction of traditional face to-face consultations between healthcare practitioners and the patient as defined in the Telemedicine Guidelines as contained in Booklet 10 of the Guidelines for Good Practice in the Healthcare Professions of the HPCSA.

“Telemedicine Guidelines” means the Telemedicine Guidelines as contained in Booklet 10 of the Guidelines for Good Practice in the Healthcare Professions of the HPCSA.

“Teletherapy” means the practice of psychotherapy via secure videoconferencing and or text-based services offered by the DHT platform and its subscription services in accordance with HPCSA Codes of Ethics and Guidelines for Good Practice on Telemedicine.

“User”, “client” or “patient” means any person who enters, subscribes or uses the DHT website, albeit a patient, notwithstanding the fact that such a person only visits the home page of the DHT website.