HEALTH DISCLAIMER

HEALTH DISCLAIMER

This blog provides general information and discussions about health and related subjects. The information and other content provided in this blog, or in any linked materials, are not intended and should not be construed as medical advice, nor is the information a substitute for professional medical expertise or treatment.

If you or any other person has a medical concern, you should consult with your health care provider or seek other professional medical treatment. Never disregard professional medical advice or delay in seeking it because of something that have read on this blog or in any linked materials. If you think you may have a medical emergency, call your doctor or emergency services immediately.

The opinions and views expressed on this blog and website have no relation to those of any academic, hospital, health practice or other institution.

How we use Cookies

We use cookies on our website and mobile app for a variety of reasons which you can learn about below. The cookies we use do not store personally identifiable information nor can they harm your computer. We want our website to be informative, personal, and as user friendly as possible and cookies help us to achieve that goal.

By using our website and mobile app, you agree to the use of cookies and other technologies as set out in this policy. We appreciate some users may like more individual control over their visit to our website and can adjust their settings accordingly. You can read all about this in the section below “How to control and delete cookies”. If you do not agree to such use, please refrain from using the website.

What are Cookies

A cookie is a small file and holds a certain amount of data, which our website can send to your browser. It may then be stored on your computer’s hard drive and can be accessed by our web server. This cookie data can then be retrieved and can allow us to customise our web pages and services accordingly. It’s important to clarify that cookies do not collect any personal data stored on your hard drive or computer.

To find out more about cookies, visit www.allaboutcookies.org.


Consumer Protections Act

Dr Flettis committed to supplying a system that is compliant with the Consumer Protections Act of South Africa. Users have the right to activate and deactivate correspondance receivable from a correspondence list, displayed in the user profile setup, at any time. The correspondence list allows for updates from the healthcare industry to be supplied to users, with their permission.

Users can choose to receive updates on all topics depicted in the correspondence list or may turn off notifications, which will result in no correspondence being sent to users by the Dr Flettsystem.

You may update your correspondence list setup at any time by accessing your user profile after logging onto the system.


Confidentiality

Dr Flettis committed to the confidentiality of our clients, which is why we do not require any personal information to register a profile.

All that is required from the healthcare professionals to register a profile is:

  • An active e-mail address;
  • Title, name and surname;
  • Region, profession and speciality and
  • Valid HPCSA*, AHPCSA, SANC or SAPC** number.

* HPCSA numbers are required by the HPCSA Guidelines on CPD to ensure that all CPD certificates are accurate and valid.

** SAPC members will also be required to submit their ID number during the registration process as it is a requirement by the South African Pharmaceutical Council to have the ID number shown on all CPD certificates.

All that is required from medical representatives to register a profile is:

  • An active e-mail address;
  • Title, name and surname;
  • Valid South African ID number*** and
  • Employer name.

*** A valid ID number is required by the Department of Higher Education for the issuing of any certificate, upon the completion of an accredited training course.

The Dr Flettsystem has been developed to ensure the validity of access to information and does not allow for medical representatives to access healthcare profiles or information and vice versa. User access is controlled by the sharing user and users may even limit access within their own profession and speciality.


Terms and Conditions

DR FLETT(Hereinafter referred to as DR FLETT)

  1. Acceptance and usage

These conditions become effective when you access the site for the first time and constitute a binding agreement between us (DR FLETT) and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this site. DR FLETT offers services such as consultation, knowledge share and various others.

Your use of this website is subject to the terms and conditions as set out herein, including, but not limited to the documents that are referred to in some of the clauses.

You should read the terms and conditions carefully before you access any website or participate in any chatroom, newsgroup, knowledge sharing, bulletin board, mailing list, transaction or other on-line forum of DR FLETT.

By using this website, you acknowledge that you have read these terms and conditions and agree to be bound by and comply with them.

When you subscribe for the services offer by DR FLETT, you will be issued with a user name and password. Your registration number with the different medical associations will be your key to using the site, or any of the services such as knowledge share, consultation, electronic data services or any other services. By using the user name and password to access the service and/or by using the service, you will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you and DR FLETT.

DR FLETT’s online products and services (“Online Services”) are subject to certain procedures and approvals, which DR FLETT may reject at their sole discretion.

  1. Interpretation of this Agreement
    1. “the/this agreement” – means these terms and conditions of use, DR FLETT’s privacy policy, DR FLETT’s other terms and conditions which DR FLETT may, from time to time, impose in respect of the service, as amended and updated from time to time;
    1. “effective date” – means the date on which DR FLETT activates your subscription to the service;
    1. “fees”- Any consultation services entered into by a member will be free of charge to the member. All services and data on the website is to be used free of charge. This clause is entered into without prejudice to DR FLETT’s right to charge fees on discretion for any other service or agreement entered into.
    1. “service(s)” – means any service offered by DR FLETT or its business partners, any service described in these terms and conditions, consultations services, knowledge sharing, and any other service that you may subscribe to or which may form part of DR FLETT’s offering from time to time;
  2. Nature of information on the site

All information on this site is only intended to provide you with general information about DR FLETT, their clients, their members, their business partners, their products, services and objectives. Nothing on this site should be treated as an offer but merely as an invitation to do business with us.

  1. Electronic communications

When you visit the DR FLETT website and during that visit complete a web form to request information or when you send an e-mail to DR FLETT, and do not explicitly request a non-electronic communication medium, you consent to receiving communications from DR FLETT electronically and agree that all agreements, notices, disclosures and other communications sent by DR FLETT satisfy any legal requirements, including, but not limited to the requirement that such communications should be “in writing”.

  1. Enrolment in sponsored courses

Where a user voluntarily enrols in a scholarship/sponsored course, the following information will be provided to the sponsor of the course as evidence of the user having enrolled for the course:

  1. The name and surname of the user accepting the scholarship and attending the course;
  2. The date of enrolment in the program;
  3. The date of completion of the program;
  4. The professional registration number of the user;
  5. The results that the user has obtained;
  6. The country of professional registration and region of the user and
  7. The email address of the user.

The information, serves as an attendance record for the sponsor, in accordance with the CPD Guidelines of the Health Professions Council of South Africa (HPCSA). Should a user accept a scholarship to attend a course, the user may be contacted by the sponsor via email to ascertain the his/her satisfaction with the quality of the course.

  1. Consultation services

In the event that a consultation agreement is entered into, the member authorises DR FLETT to act on his/her behalf and to act on behalf of the member’s best interests. Any consultation serves will be entered into by the member by clicking on a “Consult Me” button. No other data usage or use of the website is deemed to be a consultation service and is free of charge as is any consultation. In the event that a member enters into a consultation contract, the member will be supplied with working papers as well as an opinion and conclusion expressed by DR FLETT, which will serve as evidence of the service rendered.

Once the service has been delivered and the member has given consent as to the opinion expressed by DR FLETT, DR FLETT will represent the member at the chosen company. DR FLETT will not recover any expenses from the represented member but will be paid a fee from the applicable company. The nature of the fee will constitute a referral fee, as negotiated in the market.

  1. Limited License to General Users:
    • The DR FLETT Website and the content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of DR FLETT.
    • The license does not allow the User to collect product or service listings, descriptions or other information displayed here.
    • DR FLETT grants to the User, subject to the further terms of these 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 for personal, non-commercial and information purposes only.
    • The User may not frame nor use framing technologies to enclose the Website or the Content nor any part thereof without the consent of DR FLETT
    • DR FLETT does not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
    • DR FLETT, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders at their sole discretion.
    • Any unauthorised use terminates this agreement.
  2. Using search technology

The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted if such technology will result in slowing down this website or infringe the intellectual property rights of DR FLETT.

  1. Knowledge share

Knowledge share is an information sharing tool embedded in the website, where all health care professionals can share and search for information. The feature allows for a doctor to express his/her opinion on matters and doctors that choose to comment thereon or use it, do so at their own risk. DR FLETT, DR FLETT employees, DR FLETT shareholders or DR FLETT members will not be held liable for any losses incurred due to the use of the knowledge share feature, as this does not constitute the opinion of DR FLETT, but that of the individual posting the comment.

The User is may only use this function for legitimate purposes and warrants that he/she shall not use the Website to transmit material or content which is in violation of any law or regulation, which is obscene, intimidating, racist, menacing, offensive, insulting, in breach of an duty of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful.

Furthermore, other than for individual and non-commercial use, the user may not print copies of extracts from the knowledge share function, and other than for personal and non- commercial use, “mirror” or cache any of the Content of Website on a server, or re-use the text or graphics obtained from the website, without the prior written permission of DR FLETT.

It should also be stated that the knowledge share will be strictly monitored for any distasteful topics, or content as set out above, or comments as set out above, and will be removed by the administrator without warning. Members can report any such occurrences on the website.

  1. Information feeds

We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and we will not be directly or indirectly liable for any damages that may arise from your reliance on it. Please refer to the disclaimer as well.

  1. Linked third party sites and third party information

This site may contain links to other websites with information and material produced by other parties. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinized or endorsed the owners or administrators of the websites or their business or security practices and operations.

All third party information regarding products advertised or listed (example EDI products, PMA products or pharmaceuticals) on the website was obtained from the owner/supplier of the product and DR FLETT will not be held liable for any errors in data communicated by the legal owner. DR FLETT will always strive to displaying accurate and correct data.

DR FLETT does not constitute the accuracy of the claims made by the owners of the product but merely serves as a communication portal. Any such errors are to be taken up with the owner of the product.

  1. Software

The user needs to maintain hardware and software of sufficient performance ability on the Website. Your failure to use advanced browsers may cause some or all of the functionality of the site not to operate properly.

No warranty is given that any files, applications, or functions available on the site are free of viruses, Trojans, bombs, or other data errors.

  1. The law governing our relationship

The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.

Last modified 8 February 2010


Privacy Clause

Personal Information

We at Dr Flettneed to collect personal information if we are to meet our obligations to you, to follow your instructions, to inform you of new services and to ensure that our business is geared towards your needs.

We respect your privacy and your personal information. For this reason, we take all reasonable measures, in accordance with this Policy, to protect your personal information and keep it confidential.

Further to the requirements of the ECT Act, we will disclose your personal information without your consent:

  • If we are required to do so by law or court order
  • If disclosure is in the public interest
  • It is necessary to protect our rights

How we collect personal information

Whenever you complete an application form or contact us electronically, we will collect your personal information.

Your privacy is important to us. We will therefore not sell, rent or provide your personal information to unauthorised entities or other third parties for their independent use without your consent.

Mail, E-mail or SMS

Provided you have agreed to this, we may use your personal or other information to send you information on new services or products that may be of interest to you. This may include mail, e-mail or SMS information concerning us, our products and services, or our partners and their products or services. If you do not wish to continue receiving this information you may contact us and we will remove you from our mailing list.

Third parties

Whenever we commission other organisations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customers’ personal information to perform such services.

Storing personal information

We value the information that you choose to provide us with and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. Dr Fletthas physical, technological and procedural security safeguards in place and will use its best endeavours to protect your personal information.

Which laws apply?

The Privacy Policy will be governed by a construed and interpreted in accordance with the laws of South Africa. To extend that a court has jurisdiction over any dispute which may arise out of or in connection with the Privacy Policy, we both submit to the jurisdiction of the South African courts.

Right to amend this privacy and security statement

We reserve the right to amend the privacy and security statement at any time. All amendments to the privacy and security statement will be posted on the website. Unless otherwise stated, the current version will supersede and replace all previous versions of the privacy and security statement.

 

Disclaimer

Neither drflett.com ( DR FLETT ) nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error free; nor does DR FLETT, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an “as is, as available” basis. None of DR FLETT, third party content providers and their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service. Neither DR FLETT nor any third party content provider warrants that any files available for downloading through the service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.

Neither DR FLETT, nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.

Unless otherwise specified, this web site is directed primarily at users in the Republic of South Africa. DR FLETT makes no representation that any product or service referred to in any materials on this web site is appropriate for use, or available, in other locations. Anyone who accesses this site from other locations is responsible for compliance with local laws if and to the extent local laws are applicable.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  • this website will be constantly available or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation on the part of us; or
  • matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

These disclaimers and exclusions shall be governed by and construed in accordance with South African Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reasons unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

System Availability:

DR FLETT shall use reasonable endeavors to keep the system available at all times, however, the user agrees that DR FLETT shall not be liable to the user or any other person or entity whatsoever in respect of (and the user or any such person or entity shall have no claim against DR FLETT and the user hereby indemnifies and holds DR FLETT free from liability in respect of) any loss or damage:

  • caused by or arising from any fact or circumstances beyond the reasonable control of DR FLETT; or
  • if such loss or damage is consequential or incidental loss or damage; or
  • which is as a result of any downtime, outage, interruption in or unavailability of the system attributable to any cause whatsoever, including but not limited to: repairs and maintenance, any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure), as well as by any other external communications networks and by the networks of Internet service providers other than DR FLETTDR FLETT shall use its best endeavors to notify the client of any maintenance and repairs which may result in the system being unavailable but does not warrant that notice shall be given to the client prior to such maintenance and repairs being undertaken.
  • without limiting the generality of the above the user indemnifies and holds DR FLETT harmless against any and all losses, injury, damage, penalties or claims of whatever nature and howsoever arising from or in connection with the service hereby made available by DR FLETT
  • Security:

In order to ensure the security and reliable operation of the system to all users, DR FLETT hereby reserves the right to take whatever action DR FLETT finds necessary to preserve the security and reliability of the system.