Please read through the terms and conditions, privacy clause and
of the platform. You are in no way forced to accept the terms and
conditions of use but acceptance of these terms and conditions are
a pre-requisite to access the platform.
Terms and Conditions
Foundation for Professional Development (Hereinafter referred
to as FPD)
- Acceptance and usage
These conditions become effective when you access the site
for the first time and constitute a binding agreement between
us (FPD) 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. FPD offers
services such as consultation, knowledge share and various
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 FPD.
By using this website, you acknowledge that you have read
these terms and conditions and agree to be bound by and comply
When you subscribe for the services offer by FPD, 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 FPD.
FPD's online products and services ("Online Services") are
subject to certain procedures and approvals, which FPD may
reject at their sole discretion.
- Interpretation of this Agreement
"the/this agreement" - means these terms and conditions of
which FPD may, from time to time, impose in respect of the
service, as amended and updated from time to time.
"effective date" - means the date on which FPD activates
your subscription to the service;
"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 FPD's right to charge
fees on discretion for any other service or agreement entered
"service(s)" - means any service offered by FPD 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 FPD's offering from time to time;
- Electronic communications
When you visit the FPD website and during that visit complete
a web form to request information or when you send an e-mail to
FPD, and do not explicitly request a non-electronic
communication medium, you consent to receiving communications
from FPD electronically and agree that all agreements, notices,
disclosures and other communications sent by FPD satisfy any
legal requirements, including, but not limited to the
requirement that such communications should be "in writing".
- Consultation services
In the event that a consultation agreement is entered into,
the member authorises FPD 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 FPD,
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 FPD, FPD will represent
the member at the chosen company. FPD 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.
- Limited License to General Users:
- The FPD 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 FPD.
- The license does not allow the User to collect product or
service listings, descriptions or other information displayed
- FPD 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 FPD
- FPD 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.
- FPD, 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.
- 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
- 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. FPD, FPD
employees, FPD shareholders or FPD 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 FPD,
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 FPD.
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.
- 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
- 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 MPC will not be held liable for any errors in data
communicated by the legal owner. MPC will always strive to
displaying accurate and correct data.
FPD 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 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.
- 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
We at Foundation for Professional Development need 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
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
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.
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.
Foundation for Professional Development has physical,
technological and procedural security safeguards in place and
will use its best endeavours to protect your personal
Which laws apply?
interpreted in accordance with the laws of South Africa. To
extend that a court has jurisdiction over any dispute which may
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.
Last modified 24 January 2010
Neither Foundation for Professional Development( FPD ) nor
any provider of third party content or their respective agents
warrants that the service will be uninterrupted or error free;
nor does FPD, 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 FPD, 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 FPD
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 FPD, 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. FPD 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
- the information on this website is complete, true, accurate
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
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,
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.
FPD shall use reasonable endeavors to keep the system
available at all times, however, the user agrees that FPD
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 FPD and the user hereby
indemnifies and holds FPD free from liability in respect
of) any loss or damage:
Last modified 1 February 2010