By accessing and using the Website, the User unequivocally agrees to be bound by the Terms and Conditions below. please take note of clause 6.

WEBSITE TERMS AND CONDITIONS

1         AGREEMENT BETWEEN THE USER AND NHLS

1.1                 These terms and conditions (“the Terms and Conditions”) govern your (“the User”) use of the website located at the domain name nhls.ac.za (“the Website”) which is owned and hosted by the National Health Laboratory Service (“the NHLS”).

1.2                 By accessing and using the Website, the User unequivocally agrees to be bound by the Terms and Conditions. If the User does not wish to be bound by the Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained at the Website.

1.3                 All Users of this Website shall receive a password and the account upon registration. The Users are entirely responsible for any and all activities which occur under their account whether authorised or not authorised.  The User agrees to immediately notify NHLS of any unauthorised use of the User’s account or any other breach of security known or should be known to the User.  The Users right to use this Website is personal to the User. 

1.4                 This Website and information accessible through it is provided by NHLS on “as is” and on “as and when available” basis.  To the fullest extent permitted by law NHLS makes no representations or warranties of any kind whether implied or in writing regarding the use or the results of this website in terms of the accuracy, correctness, completeness, reliability or otherwise.

1.5                 By pressing the “login” button below, the User unequivocally agrees to be bound by the terms, conditions and undertakings set out herein.

2         use of the Website

2.1                 The User agrees that –

2.1.1                         the User’s use of the Website is for lawful purposes only; and

2.1.2                         when using the Website, the User shall not –

2.1.2.1                                 upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

2.1.2.2                                 falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

2.1.2.3                                 harvest or otherwise collect information about others, including e-mail addresses, without their consent;

2.1.2.4                                 violate any applicable laws or regulations.

3         Updating of the Terms and Conditions

3.1                 The NHLS reserves the right to change or update portions of, or the whole of the Terms and Conditions from time to time. Changes or updates to the Terms and Conditions will become effective upon such changes or updates being posted to the Website. It is the User’s obligation to periodically check the Terms and Conditions on the Website for changes or updates.

3.2                 The User’s continued use of the Website following the posting of the changes or updates will be considered notice of the User’s acceptance to abide by and be bound by the Terms and Conditions, including such changes or updates.

4         Modification and Interruptions to the WEBSITE

4.1                 NHLS reserves the right to modify or discontinue this Website with or without notice to the User.  NHLS shall not be liable to the User or any third party should NHLS exercise its right to modify or discontinue the Website.  The User acknowledges and accepts that NHLS does not guarantee continuous, uninterrupted or secure access to the Website and operation of our website may be interfered with or adversely effected by numerous factors or circumstances outside of our control. 

4.2                 NHLS shall have no liability for any interruptions in the use of this website.  NHLS disclaims all warranties with regards information provided, including the implied warranties of merchantability and fitness. NHLS shall have no liability for any interruptions in the use of this Website.  NHLS disclaims all warranties with regards information provided, including the implied warranties of merchantability and fitness.

5         USER PRIVACY

We respect the privacy of all Users, only approved users may access this Website. The NHLS may collect information regarding the users access to this Website, measure the number of visits, average time spent at the website, pages viewed, etc. The NHLS uses this information to determine use of the website, and to improve content thereon. The NHLS assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

6         CONFIDENTIALITY OF PATIENT INFORMATION

6.1                 The National Health Act (“the NHA”) requires that health care providers which include but not limited to health care practitioners and health care establishments are responsible for personal information about their patients and must procure that such information is effectively protected against improper disclosure at all times.

6.2                 The User who accesses all or any information in this Website concerning a patient, including information relating to his or her health status, medical samples, treatment, or stay in a health establishment, (“Personal and Confidential Information”) makes the following undertakings—

6.2.1                         The protection and disclosure of all Personal and Confidential Information of the Patient is governed by the Constitution of the Republic of South Africa Act No. 108 of 1996, the NHA, the Promotion of Access to Information Act, 2 of 2000 and the Ethical Rules of the Health Professions Council of South Africa and the National Patients’ Rights Charter, and hereby undertakes to abide by these prescripts;

6.2.2                         The Personal and Confidential Information of the patient shall be used only for appropriate purposes for which it is being made available to the User and may not be divulged to others without the prior written consent of the patient and the head of the institution having access to it;

6.2.3                         The User shall procure that its representatives, advisors, employees, officials, directors, associated entities, affiliates (if any) under the Institution’s direct or indirect control to whom Personal and Confidential Information is provided shall be bound to the undertakings contained herein;

6.2.4                         The Personal and Confidential Information may be divulged by the User only in the following circumstances—

6.2.4.1                                 With the express written consent of the patient;

6.2.4.2                                 Is disclosed pursuant to a requirement or request by operation of law, regulation or court order but then only to the extent so disclosed and then only in the specific instance and under the specific circumstances in which it is obliged to be disclosed;

6.2.4.3                                 Is lawfully in the public domain at the time of disclosure thereof to the receiving party;

6.2.4.4                                 In the public interest, which would include but not be limited to situations where the patient or other persons would be prone to harm as a result of risk related contact;

6.2.4.5                                 With the written consent of a parent or guardian of a minor under the age of 12 (twelve) years;

6.2.4.6                                 In the case of a deceased patient with a written consent the next of keen or the executor of the deceased’s estate.

6.2.4.7                                 Subsequently becomes lawfully part of the public domain by publication or otherwise; or

provided that—

6.2.4.8                                 the onus shall at all times rest on the Institution to establish that such information falls within such exclusions; and

6.2.4.9                                 the information disclosed will not be deemed to be within the foregoing exclusions merely because such information is embraced by more general information in the public domain or in a party’s possession; and

6.2.4.10                               any combination of features will not be deemed to be within the foregoing exclusions merely because individual features are in the public domain or in a party’s possession, but only if the combination itself is in the public domain or in a party’s possession.

6.2.5                         The determination of whether information is Personal and Confidential Information shall not be affected by whether or not such information is subject to, or protected by, common law or statute related to copyright, patent, trade marks or otherwise.

7         Exclusion of liability

7.1                 The User agrees that the use of the Website is entirely at the User’s own risk.

7.2                 The NHLS makes no representations or warranties of any kind, whether express or implied –

7.2.1                         as to the suitability, reliability, availability, timeliness and accuracy of content on the Website;

7.2.2                         that the functions provided by the Website will be uninterrupted or error-free, or that the Website or the server is free from viruses or other harmful components.

7.3                 The NHLS, its vendors/suppliers, subsidiaries, affiliates, directors, employees, officials, suppliers, agents and/or representatives shall, under no circumstances, liable for any direct, indirect, punitive, incidental, consequential damages or any damages whatsoever including, without limitation, damages for loss of data or profits, arising out of or in any way connected with the use or performance of the Website; the delay or inability to use the Website or related services; the provision of or failure to provide services or for any information, software, products, services or related graphics obtained through the Website; or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise even if the NHLS or its vendors have been advised of the possibility of damages.

7.4                 The User hereby agrees to indemnify the NHLS, its vendors/suppliers, subsidiaries, affiliates, directors, employees, officials, suppliers, agents and/or representatives and to keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from the User’s use of the Website.

8         Copyright and Intellectual Property Rights  

8.1                 The NHLS retains copyright in the Website and all current and future content that is displayed on the Website which is not owned by third parties.

8.2                 The NHLS hereby grants the User, subject to the Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Website for treatment of patients only or anything incidental thereto. 

8.3                 The Website and its content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial purpose without the express prior written consent of the NHLS.

8.4                 Subject to the rights afforded to the User in this clause 8, all other rights to all intellectual property on the Website are expressly reserved.

9         Links and linking

9.1                 External Links

9.1.1                         The fact that the Website may provide links to other websites must not be construed as constituting any relationship between the NHLS and the linked third party or an endorsement of the linked third party by the NHLS. Reliance on all information and content provided by the external link is done so at the User’s own risk.

9.1.2                         Third party advertising and promotional material may be displayed on the Website from time to time, and the display of such material should not be construed as an endorsement by the NHLS or the creation of any relationship between the NHLS and that third party. Reliance on any such promotional or advertising material is entirely at the User’s own risk.

9.2                 Linking

Any third party wishing to link the Website to their website must obtain permission from the NHLS by directing such request to the NHLS using the contact details in clause 12 below.

10       Choice of law

10.1               The Website is owned and operated within the Republic of South Africa and so, the Terms and Conditions shall be governed by the laws of the Republic of South Africa.

10.2               The User hereby consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute relating to or arising from the Terms and Conditions.

11       GENERAL

11.1               The Terms and Conditions constitute the entire agreement between the NHLS and the User with regard to the use of the Website and the content thereon.

11.2               The NHLS reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice.

12       Contact Details

The following are the NHLS’s contact details should the User need to contact the NHLS for purposes related to the Terms and Conditions –

Address:1 Modderfontein Road, Sandringham, Johannesburg, South Africa;

Telephone: (011) 386-6118 Fax: (011) 386-6304

Email: luvuyo.keyise@nhls.ac.za

© (NHLS) (2008)