HEALINGTHEMIND website terms & conditions (Version 1.1 – 2018)
1. Definitions
1.1. In these general terms & conditions (“terms“):
1.1.1 We“, “our“, “us” and “HEALINGTHEMIND” means practice 8633937, registered in South Africa and conducting business from 258 Wetevreden Road Blackheath;
1.1.2 you” and “your” means a medical service provider that makes use of the Website and registers to use the Services;
1.1.3 use” means to use, access, refer to, view or make use of the Services;
1.1.4 Website” means the website which is accessible at the URL: the www.healingthemind.co.za;
1.1.5 Services” means:
1.1.5.1 the e-commerce transaction services made available by us via the Website by means of which you are able, amongst other things, to access your medical practice’s management reports and other up-to-date information relating to (i) claims submitted to medical aid schemes; and (ii) claims paid or rejected by medical aid schemes; and
1.1.5.2 any other service which may be made available by us via the Website from time to time;
1.1.6 HEALINGTHEMIND API” means an e-commerce software application program interface owned by us, including any evolution, update, upgrade, enhancement, adaptation, improvement, customisation or derivation of it which we may effect from time to time;
1.1.7 Software” means the software that has been developed by us in relation to the Services, including but not limited to, any applications and modules comprising the software and any other software which we may introduce from time to time;
1.1.8 Business Day” means any day other than a Saturday, Sunday or official gazetted national public holiday in the Republic of South Africa;
1.1.9 Privacy Policy” means the privacy policy adopted by us. To view our Privacy Policy which forms part of these terms, click here and
1.1.10 Loss” means any loss, including loss of profit, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential.
1.2 Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these terms but defined in the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act“) will bear the same meaning given to them in the ECT Act.
1.3 The terms and any additional document we incorporate by reference shall apply to you when you use the Website and/or any part of the Services.
2. What do these terms regulate?

Subject to paragraph 3.1, these terms regulate the terms & conditions upon which you may:

2.1 use the Services; and
2.2 otherwise use the Website, including the use of the information, content or products available on the Website (without limitation) any text, Software, icons, graphics, images, sound clips, trade names, logos, designs, trade marks and service marks which are displayed on, available on or incorporated in the Website (“the Website Content“).
3. Your agreement to comply with these terms
3.1 You agree that:
3.1.1 checking “I accept’ signifies your agreement to comply with all of the terms & conditions of these terms;
3.1.2 we may, at any time, amend or introduce additional terms & conditions relating to the Services or any other service, content, products, facilities or functionality which is made available by us by way of the Website or otherwise. You will be notified of such amendments and additional terms & conditions in the manner provided for in paragraph 13.2 of these terms;
3.1.3 we may, in our sole discretion, at any time and for any reason, suspend or terminate any or all of the Services, the operation of the Website or any of the Website Content or the right to use any or all of the Services, the Website or any of the Website Content.
3.2 If you do not agree to these terms you cannot not make use of:
3.2.1 the Services; and/or
3.2.2 the Website and the Website Content and you must immediately delete all copies of the Website Content in your possession or under your control.
3.3 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 on 0845097777
3.4 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, the Website Content and the Services. In this regard, you must, at all times, provide your own hardware, software as well as a modem and internet connectivity and telecommunications infrastructure.

This paragraph constitutes an assumption of risk, liability, or both by you and places various legal responsibilities on you to ensure that you obtain and maintain all the equipment and other services necessary in order for you to make use of the Services, the Website and the Website Content.  This paragraph also limits your rights and remedies against us if you are unable to use the Services, the Website or the Website Content because you have not obtained or maintained all the equipment and other services required.

3.5 You agree that we are allowed to grant the same, similar, additional or different right to any other person or entity.
4. References and links to and from other websites
4.1 The Website may contain references or links to other websites (“Other Websites“) and to the products, opinions or services of third parties.
4.2 Subject to the provisions of the ECT Act and to the fullest extent allowed by law, your use of the Other Websites or the products or services of third parties is entirely at your own risk. We shall not be responsible for any Loss arising from or related to your reliance on, use or attempted use of Other Websites or the opinions, products or services of third parties.

This paragraph constitutes an assumption of risk, liability, or both by you and places the responsibility on you to ensure that you acquaint yourself with the terms of use of the Other Websites or the products or services of such third parties.  This paragraph also excludes your rights and remedies against us if you suffer any Loss as a result of your use of the Other Websites or the products or services of such third parties.

4.3 You shall not make (and may not permit any third party to make) any reference to us, the Website or the Website Content, whether by way of a link or otherwise, where the reference could, in any way, be interpreted as an endorsement, affiliation or recommendation by us in relation to you or a third party or of the services, products or opinions of a third party, without our prior written consent.
5. Your behaviour when using the Website and the Services
5.1 You shall not use the Website to obtain or distribute:
5.1.1 copyrighted material or material protected by law without our prior written consent; or
5.1.2 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.
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, the Website and the Website Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Website Content.
5.6 You are not allowed to: (i) frame, link to, modify, distribute, commercialise, exploit and/or alter the Website or the Website Content; (ii) incorporate any part of the Website Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
5.7 Any restrictions on the use of the Website or the Website Content shall also apply to any part of the Website or the Website Content which may be cached when using the Website or the Website Content.
5.8 In addition, you shall not and shall not allow a third party to:
5.1.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the Software or any files contained in or generated by the Software by any means whatever;
5.8.2 remove any product identification, copyright or other notices, from the Software or documentation;
5.8.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice’s hardware; or
5.8.4 disseminate performance information or analysis of the Software from any source relating to the Software.
6. Registration for the Services
6.1 To register for the Services, you will first be required to complete our our registration form which we will provide to you.
6.2 To use the Services, you will be required to agree to these terms and once we have provided you with a temporary username and password, you will be required to change such username and password which you will be required to enter into the Website in order for you to access the Services.
6.3 Your appointment of HEALINGTHEMIND to render the Services commences on and is with effect from the date on which you register for the Services (“the Effective Date“) and endures indefinitely until (i) terminated by yourself or us giving the other 30 days notice thereof, or (ii) any other agreement which you may have with HEALINGTHEMIND is terminated, in which case our appointment to render the Services will terminate simultaneously.  Similarly, if you or we terminate our appointment to render the Services, all and any other agreements which you may have with HEALINGTHEMIND will terminate simultaneously.
6.4 In the event that your contact details, banking details, partnership or make-up of your practice, or any of the other details required by us to render the Services change, you must notify us.
7. The Services
7.1 Depending on your practice management software and systems, we will provide you with the HEALINGTHEMIND API or any other application developed by us, from time to time, in relation to the Services (collectively, “the HEALINGTHEMIND Applications”). With effect from the Effective Date and for the duration of your use of the Services, HEALINGTHEMIND grants you a non-exclusive, non-transferable license to use the HEALINGTHEMIND Applications and all documentation provided in relation thereto.
7.2 On registration for the Services, you will be contacted in order for us to arrange, free of charge, (i) the installation and integration of the HEALINGTHEMIND API into your practice management software at your premises or (ii) the installation of any other application developed by us, either at your premises or remotely, as applicable.
7.3 Furthermore, you agree that any claims submitted to medical aid schemes are subject to the normal rules and conditions applicable to the submission of such claims as may be imposed by each medical aid fund from time to time.
7.4 In addition, you authorise us to retain copies of all of your messages, message responses, remittance advices and other data exchanged between you and other parties including the medical aid schemes via the HEALINGTHEMIND network for the purpose of presenting back to you information pertinent to you including, but not limited to, practice performance metrics, practice claims reconciliations, practice remittance advice reconciliations, practice claims and message analysis.
7.5 If you are logged  into the Website and you do not use the Website for a continuous period of time (determined by us from time to time in accordance with industry best practice), you will be automatically signed out of the Website for security reasons.   In order to continue using the Services, you will be required to log in again.
8. Exclusion of liability for use of the Website, the Website Content and the Services
8.1 In this paragraph 8, references to “HEALINGTHEMIND“, “we” or “us” includes HEALINGTHEMIND, any of its divisions, its employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
8.2 To the maximum extent permitted in law, your use of the Website, the Website Content and the Services is entirely at your own risk.
8.3 To the maximum extent permitted in law, we shall not have any liability whatsoever in relation to the Website, the Website Content and/or the Services. You hereby indemnify us against any Loss arising from your use of or reliance on the Website, the Website Content or the Services or arising out of any of the events contemplated in paragraph 9.3 below, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such Loss.
8.4 In addition, you agree that, to the maximum extent allowed by law, we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Website, the Website Content or the Services for any reason whatsoever.  We will use our reasonable endeavours to reduce the period of the unavailability, interruption, downtime, malfunction or failure and will endeavour to notify you of this in advance.  We will not be required to notify you in advance when the unavailability, interruption, downtime, malfunction or failure is a result of, or in response to, an emergency.
8.5 To the maximum extent permitted in law, in no event will our total cumulative liability to you exceed the total amount paid by you in respect of the Services over the immediately preceding 12 month period.
8.6 This paragraph does not limit or exempt HEALINGTHEMIND from liability for any loss directly or indirectly attributable to the gross negligence of HEALINGTHEMIND or any person acting for or controlled by HEALINGTHEMIND, to the extent that the law does not allow this.  This paragraph 9 also does not require you to assume risk or liability for this kind of loss, to the extent that the law does not allow this.

This paragraph 8 constitutes an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibilities which HEALINGTHEMIND will have towards you and other persons. This paragraph 8 also limits and excludes your rights and remedies against HEALINGTHEMIND and places various risks, liabilities, obligations and legal responsibilities on you.

9. Exclusion of warranties and representations
9.1 The Website, the Website Content and the Services are provided “as is” and are subject to change without notice.
9.2 We do not accept any responsibility for any errors or omissions on the Website or the Website Content, unless such errors or omissions causes Loss directly or indirectly attributable to the gross negligence of HEALINGTHEMIND or any person acting for or controlled by HEALINGTHEMIND.
9.3 Subject to the provisions of the ECT Act, 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 Website Content.
9.4 While we take reasonable steps to ensure that the Website Content is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software,  we make no warranty or representation, whether express or implied,  in this regard and you accept all risks in this respect, unless any Loss is sustained which is directly or indirectly attributable to the gross negligence of HEALINGTHEMIND or any person acting for or controlled by HEALINGTHEMIND.

This paragraph constitutes an assumption of risk and/or liability by you.  This paragraph places the risk of any damage to your computer system, computer network, hardware or software on you, and  limits and excludes your rights and remedies against HEALINGTHEMIND in the event that you suffer any such damage due to a virus, destructive material or other data or code in the Website Content.

10.1 You may also not rely on any warranty or representation, which allegedly induced you to agree to these terms, unless the representation or warranty is recorded in these terms.
10.2 You acknowledge that the information on the Website and the Website Content is not intended to, and does not, constitute advice or a recommendation of any nature whatsoever, including (without limitation) in respect of any institution, investment, service or product.
11. Intellectual Property Rights
11.1 The Website, the Website Content, the Services and the Software are protected by law. This incorporates all intellectual property rights in respect of the Website, the Website Content, the Services and the Software, including all rights, title and interest (statutory and common law) in copyright, designs, trade marks and inventions. Any unauthorised use of the Website, the Website Content, the Services and/or the Software, and all intellectual property rights related thereto, is prohibited.
11.2 All intellectual property rights, including all rights, title and interest (statutory and common law) in copyright, of whatsoever nature existing now and in the future in relation to the Software, remain the absolute property of HEALINGTHEMIND. The Software may not be sub-licensed, transferred or assigned without the prior written consent of HEALINGTHEMIND and you shall not and shall not permit access to the Software and any documentation relating thereto by any third party without the prior written consent of HEALINGTHEMIND.
11.3 You will not acquire any right, title or interest, including any intellectual property rights, in or to the Website, the Website Content or the Services other than those rights expressly granted to you in these terms.
11.4 Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms & conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms & conditions.
12. Variation of certain deeming provisions in the ECT Act

By using the Website and/or the Services, you agree that these terms create a binding agreement between us and you, even though these terms are wholly or partly in the form of a data message. You agree specifically that:

12.1 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;
12.2 an electronic signature is not required by you or us for purposes of agreeing to these terms;
12.3 Your acceptance of these terms as well as your use of the Website and/or the Services is sufficient evidence of your agreement to these terms;
12.4 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;
12.5 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;
12.6 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; and
12.7 these terms will be interpreted and implemented in accordance with the laws of South Africa and you agree to the jurisdiction of the courts of South Africa.
13. Variation of these terms
13.1 Subject to the variations or amendments provided for in terms of paragraph 13.2, no other variation or amendment, in any form whatsoever, of these terms will be enforceable or binding on us unless we have agreed to such variation or amendment in writing.
13.2 We are entitled and reserve the right to vary or amend these terms from time to time and in our sole discretion. Any amendments to these terms will be displayed on the Website from time to time. On the first occasion on which you use the Website or the Services after we amend the terms, you will be notified that amendments to the terms have been effected and you will be given the opportunity to read such amended terms.  If you continue to use the Services, the amended terms will immediately be treated as being effective and binding upon you.
13.3 It is your responsibility to access and familiarise yourself with any amendments to the terms on each occasion that you make use of the Website, the Website Content or the Services.
14. Miscellaneous matters
14.2 Disputes, claims and legal proceedings
14.2.1 To the maximum extent permitted in law, any dispute declared by either of us and any claim which either of us may have against the other arising out of or in connection with these terms or the use of the Services, including after termination, cancellation or amendment of these terms and/or the Services will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.
14.2.2 Notwithstanding anything to the contrary contained in these terms, neither you nor we will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
14.3 Costs

Any costs, including value-added tax, incurred by us arising out of your use of the Website, the Website Content and/or the Services, or a breach of these terms by you, will be borne by you.

14.4 Assignment

You shall not cede, assign or transfer any of your rights and obligations in these terms without our prior written consent. We are entitled to cede, assign or transfer any of our rights and obligations in these terms without your prior written consent and without notice to you.

14.5 Interpretation
14.5.1 A copy of the ECT Act can be viewed and downloaded at http://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.
14.5.2 In the event that any part of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
14.5.3 No relaxation or indulgence which we may grant to you will be deemed to be a waiver of any of our rights in these terms or in law.
14.5.4 The termination of any agreement 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.