Terms and Conditions

Terms & Conditions 

 

1. Introduction 

These Terms & Conditions ("T&Cs") govern your use of the HAPI Web App. By providing your details and using the HAPI suite of services, you agree to and comply with these T&Cs. 

 

2. Scope of Service 

The HAPI Software Suite facilitates the management of medical information, including blood forms, patient records, and other related data. You agree to use the HAPI Software Suite only for lawful and ethical purposes consistent with all legal and medical best practices. 

 

The Parties always undertake to supply one another within reasonable time periods with the support, advice and information reasonably required for the Parties to perform in accordance with the terms and conditions of this Agreement. 

 

Nothing in this Agreement shall create any relationship of agency, partnership, or joint venture between the Parties. Neither of the Parties shall represent themselves as such to any third party. 

 

3. User Responsibilities 

You, as a healthcare provider, retain full responsibility for the accuracy, completeness, and appropriateness of any medical advice, diagnoses, or treatments you provide to patients. The HAPI suite of services is a tool designed to assist in the management of medical information but does not replace professional judgement. 

 

The HAPI suite of services relies on the data you provide. It is your responsibility to ensure that all information, including blood forms and other patient-related data, is accurate and up to date. 

 

You are responsible for ensuring that all information provided to the HAPI Web App is accurate, complete, and up to date. 

 

You must maintain the confidentiality of patient data and adhere to all applicable laws and regulations regarding patient privacy. 

You agree to comply with all relevant laws, regulations, and guidelines governing medical practice. 

 

All information exchanged during service engagements must be treated as strictly confidential. 

 

4. Warranties 

Each Party warrants, represents and undertakes in favour of the other Party on an on-going basis in terms of this Agreement that: It is duly authorised to enter into this Agreement.  

 

Each party warrants that it possesses necessary licences, consents and registrations and agrees to perform services in line with industry standards. 

It has enough appropriately trained and efficient employees or service providers with the requisite skills, qualifications, registrations, experience, knowledge, and expertise required to fulfil its obligations in terms of this Agreement and that it will perform its duties timeously and in a workmanlike manner. 

 

It and its employees and service providers have all and will for the duration of the Agreement have all necessary licenses, consents, and registrations to render the Services 

 

HAPI reserves the right to audit compliance with the terms of this agreement. 

 

5. System Access 

We reserve the right to modify or terminate access to the HAPI suite of services at any time without prior notice.  

Any updates to these T&Cs will be communicated to you and will take effect immediately upon notification. 

Users acknowledge that technical or data inaccuracies may arise and agree to report these immediately. 

 

6. Limitation of Liability 

System Limitations: While the HAPI suite of services is designed to support medical processes, it is not infallible. Technical issues, data inaccuracies, and other limitations may arise. You agree to report any malfunctions or inaccuracies immediately. 

 

Data Use: By using the HAPI suite of services, you consent to the collection, storage, and processing of the information you provide, as outlined in the Privacy Policy. 

 

HAPI is not liable for any damages, direct or indirect, arising from the use of the HAPI suite of services. This includes but is not limited to: errors, loss of data, data breaches, technical or communication failures, delays, or inaccuracies in the medical information provided. 

 

The healthcare provider agrees to indemnify HAPI against claims arising from improper data usage or breach of patient confidentiality. 

 

7. Governing Law 

These T&Cs shall be governed by and construed in accordance with the laws of the Republic of South Africa including POPIA. 

 

8. POPI  

I agree to allow my data to be forwarded to AMPTATH and the HAPI administration staff as per the terms of the Protection of Personal Information Act 3 of 2014 as amended. I consent that HAPI share the blood results with the patient directly and other medical service providers and healthcare stakeholder as deemed necessary by HAPI.  

 

User data is stored securely and shared only with consent and legal mandate. 

 

9. Assignment, cession and delegation 

Neither Party shall be entitled to assign, cede, delegate or transfer or make over any rights and/or obligations acquired in terms of this Agreement, in whole or in part, to any other party or person without the prior written consent of the other Party, which written consent shall not be unreasonably withheld. 

 

10. Dispute resolution & disclaimer 

All disputes between the Parties arising out of or connected with this Agreement, or its interpretation, or their respective rights and obligations under it, or its cancellation, shall be determined as set out in clause 2 above. 

If a dispute between the Parties arises out of or is related to this Agreement, including any matter relating to the breach of any of the provisions of this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If, after 30 (thirty) days from the date upon which the dispute was declared by a Party by written notice, the dispute is not resolved the matter shall be determined in accordance with the remaining provisions set out below. 

 

Save in respect of those provisions of this Agreement which provide for their own remedies which would be incompatible with arbitration, or in the event of either Party instituting urgent action against the other in any court of competent jurisdiction, any dispute arising from or in connection with this Agreement will be resolved by arbitration as follows: 

 

The arbitrator shall be a practising attorney or practising advocate of not less than 5 (five) years standing. 

 

The Party calling the dispute (the Referring Party) shall nominate in writing, 3 (three) arbitrators of its choice to determine the dispute and shall furnish such nomination to the other Party. 

 

The other Party shall, within 14 (fourteen) days after receipt of the nomination, nominate 1 (one) out of the 3 (three) arbitrators nominated to act as an arbitrator.  

 

If the other Party fails to nominate or fails to agree on the arbitrator to be appointed as contemplated herein, then an independent party nominated by the referring Party shall, in its sole discretion, be requested to appoint 1 (one) out of the 3 (three) arbitrators nominated to act as an arbitrator as contemplated herein and the Parties hereby accept such appointment as binding between them. 

 

The arbitration shall be held in Johannesburg. 

 

The arbitration shall otherwise be held in accordance with the rules, formalities and procedures as agreed between the Parties at the time of appointing the arbitrator.  

 

If the Parties fail to reach agreement on such rules, formalities, and procedures, they shall be determined by the arbitrator. 

The arbitration shall be held in an informal manner, it being the intention that it shall be held and concluded as soon as possible. 

 

11. Termination of agreement 

This Agreement may be terminated by either party with 30 days' written notice. 

 

12. Feedback 

HAPI encourages users to provide feedback, which may be incorporated into system upgrades without obligation