SACNA



Terms and Conditions

WHEREAS the User intends to use the web site as a member of SACNA to access information which are not available to the general public;

NOW THEREFORE the undermentioned terms and conditions shall apply:

  1. Interpretation and Definitions
    1. The following words shall have the following meanings in these Terms and Conditions, namely:
      1. "CIPC" means the Companies and Intellectual Properties Commission established in terms of section 185 of the Companies Act, No. 71 of 2008;
      2. "HPCSA" means the Health Professions Council of South Africa established in terms of the Health Professions Act, No. 56 of 1974;
      3. "SACNA" means the South African Clinical Neuropsychological Association, a voluntary non-profit association with independent legal personality (independent from its members), which association has perpetual succession;
      4. "the User" means the User of the web site, namely the member of SACNA who uses the web site and who has access to information published on the web site to which non-members of SACNA do not have access; and
      5. "web site" means SACNA's official web site, namely www.sacna.co.za

    2. Any one gender shall include the other two genders.

  2. Objectives of SACNA and its founders
    1. The principal objects of SACNA are the following, namely to:
      1. Encourage the HPCSA to acknowledge the profession of neuropsychology as a discipline in the mental health professions sector and to encourage the HPCSA to continue to acknowledge the said profession as such. It is specifically recorded that the HPCSA currently acknowledges neuropsychology as a discipline in the mental health professions sector, but the register for the category "Neuropsychologist" has yet to be populated.
      2. Encourage the HPCSA to set acceptable standards for qualification in the field of Neuropsychology;
      3. Offer a peer-credentialed training program for psychologists in the field of neuropsychology;
      4. Identify and provide a body of individuals competent to advise on the teaching of neuropsychology and professional matters pertaining to it;
      5. Provide to the public a database of psychologists who are recognised by SACNA as being competent to practice in the field of neuropsychology by virtue of their Full Member status;
      6. Educate other medical professionals, such as neurologists, neurosurgeons, occupational therapists, psychiatrists in the field of neuropsychology;
      7. Encourage the HPCSA to register full members of SACNA as "Neuropsychologists" via a process of recognition of prior learning;
      8. Encouraging international co-operation in neuropsychology; and
      9. Supporting unitary and democratic healthcare in South Africa.

  3. Separate legal personality
    1. The User acknowledges that:
      1. SACNA is an association with separate legal personality as it is a voluntary association with perpetual succession with the ability to sue and be sued in its own name. SACNA is a non-profit association and it came into existence for the purposes of reaching its principal objects; and
      2. Encourage the HPCSA to set acceptable standards for qualification in the field of Neuropsychology;
      3. The User shall therefore not be entitled to hold any of SACNA's members or executive committee members liable for any damages arising from any act or omission of SACNA for which SACNA is liable in terms of the South African law.

  4. Membership with SACNA
    1. SACNA has various categories of membership as stipulated on the web site. In the event that the User is a qualified mental health practitioner who wishes to become a Full or Associate member of SACNA, the User shall be required to be registered with the HPCSA as a mental health practitioner.
    2. In the event that the User is a qualified Medical Physician or Allied Professional, who wishes to become a Subscriber member, the User shall be required to be registered with the HPCSA within their particular discipline.
    3. In the event that the User wishes to become a Student member of SACNA, the User shall produce proof that he is registered as a student with an academic institution.
    4. In the event that the User intends to renew its annual membership, the User shall renew its membership online by completing SACNA's register on the website and by accepting these Terms and Conditions. Due to reasons which relates to the administration pertaining to registrations and renewals, it is specifically recorded herein that the User shall not be entitled to insist on any other manner to renew his membership with SACNA than the manner stipulated in this clause.

  5. Warranties
    1. In the event that the User is a qualified mental health professional, medical physician or allied professional, the User warrants that:
      1. He is a registered member of the HPCSA;
      2. His membership with the HPCSA has not been suspended by the HPCSA;
      3. He has not been found guilty of any misconduct by the HPCSA, which misconduct is of such a nature that he may be deemed unfit to be a member of SACNA; and
      4. He is not under investigation by the HPCSA for any alleged misconduct and there are no disciplinary procedures pending against him by the HPCSA, which alleged misconduct is of such a nature that he may be deemed unfit to be a member of SACNA.

    2. In the event that the User is required to be registered as a student with an academic institution, the User warrants that:
      1. He is registered with an academic institution;
      2. His membership with such academic institution has not been suspended by the said academic institution;
      3. He has not been found guilty of any misconduct by the said academic institution, which misconduct is of such a nature that he may be deemed unfit to be a member of SACNA; and
      4. He is not under investigation by the said academic institution for any alleged misconduct and there are no disciplinary procedures pending against him by the said academic institution, which alleged misconduct is of such a nature that he may be deemed unfit to be a member of SACNA.

  6. Suspension of SACNA membership
    1. In the event that membership with the HPCSA is a requirement for the User's membership with SACNA, SACNA shall be entitled, in its sole and unfettered discretion, to suspend the User's membership with SACNA by giving written notice to the User in the following events namely:
      1. The User's membership with the HPCSA is terminated by the HPCSA or the User is no longer a member of the HPCSA for any other reason whatsoever;
      2. The User's membership with the HPCSA has been suspended by the HPCSA and the User has not been re-instated as a member of the HPCSA;
      3. The User has been found guilty of any misconduct by the HPCSA, which misconduct is, in the opinion of SACNA of such a nature that suspension of the User's membership with SACNA is warranted; and / or
      4. The User is under investigation by the HPCSA for alleged misconduct and the alleged misconduct is of such a nature that, in the opinion of SACNA, suspension of the User's membership with SACNA is warranted.

    2. In the event that registration with an academic institution is a requirement for the User's membership with SACNA, SACNA shall be entitled, in its sole and unfettered discretion, to suspend the User's membership with SACNA by giving written notice to the User in the following events namely:
      1. The User's membership with the said academic institution is terminated by the said academic institution or the User is no longer a member of the said academic institution for any other reason whatsoever;
      2. The User's membership with the said academic institution has been suspended by the said academic institution and the User has not been re-instated as a member of the said academic institution;
      3. The User has been found guilty of any misconduct by the said academic institution, which misconduct is, in the opinion of SACNA of such a nature that suspension of the User's membership with SACNA is warranted; and / or
      4. The User is under investigation by the said academic institution for alleged misconduct and the alleged misconduct is of such a nature that, in the opinion of SACNA, suspension of the User's membership with SACNA is warranted.

    3. SACNA shall furthermore be entitled to suspend the User's membership with SACNA in the event that the User is in arrears with the payment of his membership fees or breaches any of the other terms of this agreement.

    4. It is specifically recorded herein that suspension as aforesaid does not absolve the User from his liability to pay his annual subscription fees to SACNA.

  7. Termination of SACNA membership
    1. SACNA shall be entitled to terminate the User's membership in the event that the User is in breach of these Terms and Conditions and has been in breach thereof for a period of 20 (twenty) business days after the receipt of written notice from SACNA to rectify such breach and the User fails, refuses or neglects to rectify such breach within a period of 20 (twenty), notwithstanding any written notice to call upon him to rectify such breach.

  8. Payments of membership fees and other fees and costs
    1. Currency
      1. All payments by the User to SACNA shall be made in the currency of the Republic of South African, i.e. the South African Rand.

    2. Payment methods
      1. Payments by the User to SACNA shall be made either by way of an electronic funds transfer ("EFT"), by depositing money directly into the official bank account of SACNA or by means of Master Cards or Visa Cards.
      2. The bank details of SACNA are:
        Account name: SACNA
        Account number: 4054841000
        Account type: Cheque Account
        Bank: ABSA Bank
        Branch name: Auckland Park
        Branch code: 335105
      3. In the event that the User makes a direct deposit or EFT (other than on the web site) into SACNA's bank account, the User is required to send the proof of payment to SACNA by e-mail to [email protected] or by fax to 021 7611188.
      4. In the event that the User elects to make payment by means of EFT on the web site or by means of a Visa Card or MasterCard, the User is required to follow the processing instructions outlined on the web site.
      5. In the event that the User elects to make payment by means of Master Cards or Visa Cards, the User has to take note that this process is facilitated by Virtual Card Services (Pty) Ltd (hereinafter "VCS"). VCS's security policy is stated below.

    3. Security policy (VCS):
      1. VCS authenticates the cardholder before the payment transaction takes place by way of communicating with the relevant bank who issued the relevant card. Credit card transactions are 128bit Secure Socket Layers (SSL) encrypted and the web site's registered domain name and company details are verified by Thawte to ensure that no-one can impersonate VCS to obtain confidential information of the card holder.
      2. Encryption of SSL's complies with international standards in order to protect transmission of personal information when completing online transactions.
      3. VCS's Internet servers are protected by firewalls and other intrusion detection systems. Furthermore, VCS reviews and enhances its security continuously due to technological changes.
      4. It is specifically recorded herein that SACNA does not have access to credit card details.

    4. Indemnities
      1. The User indemnifies SACNA and the executive committee against any EFT and Visa Card Payments or MasterCard payments by the User into the bank account of SACNA, which payments are not processed electronically due to technical errors and which electronic payments therefore does not reflect in SACNA's bank account;

    5. Refunds policy
      1. The User acknowledges that SACNA incurs considerable expenses with respect to administration costs for the purpose of facilitating regional meetings, compiling study material, hosting conferences, lecturing of SACNA members or prospective SACNA members, examination papers and the like.
      2. Therefore, in the event that:
        1. the User pays his annual membership fees and cancels his SACNA membership during the said year, or SACNA terminates such member's SACNA membership during the said year, SACNA shall not be liable to repay to the User any portion of such membership fees;
        2. the User makes payment to SACNA in respect of a training course or conference and fails to attend any or all of the lectures or conference, SACNA shall not be liable towards the User to repay to the User any portion of such registration fees; and / or
        3. the User makes payment to SACNA in respect of a training course or conference and fails to meet the criteria for successful completion, SACNA shall not be liable towards the User to repay to the User any portion of such registration fees; and / or
        4. the User registers for the SACNA examination by making payment of registration fees and / or purchases the prescribed study material and fails to write an examination, or to meet the criteria for passing the said examination, SACNA shall not be liable towards the User to repay any portion of the registration fees, neither shall SACNA be liable to re-purchase from the User any study material purchased directly from SACNA.

      3. The User furthermore acknowledges that SACNA incurs administration costs in the event that it is required to refund to the User any payment which the User may make to SACNA accidently by way of using his credit card details. Therefore, SACNA shall be entitled, when refunding the User, to deduct from the amount which the User paid to SACNA as aforesaid a handling fee in an amount which is equal to 15% (fifteen percent) of the total amount which the User paid to and re-claims from SACNA as aforesaid.

  9. Acceptable use policy
    1. The User acknowledges that, upon becoming a member of SACNA:
      1. the User shall have access to contents on the web site (resources) to which other members of the public do not have access to by means of logging in with a unique username and password, such as articles relating to neuropsychology and other resources;
      2. the aforesaid content is protected in terms of the Copyright Act, No. 98 of 1978 (hereinafter "the Copyright Act"); and
      3. All registered trademarks which are published on the web site are registered in the name of SACNA with the CIPC. Unregistered trademarks of SACNA published on the web site are well-known and protected by the Trade Marks Act, No. 194 of 1994.

    2. Therefore, the User shall not:
      1. Disclose his unique username and password to any third party, including any other member of SACNA. The User shall keep his unique username and password a secret and indemnifies SACNA against any losses and or damages which the User may suffer as a result of the intentional or unintentional disclosure of his username and password to such third party;
      2. Reproduce any content on the web site;
      3. Publish such content (including, but not limited to, on its own web site);
      4. Distribute such content to third parties (including, but not limited to, e-mailing it to third parties);
      5. Make any adaptation thereof; and / or
      6. Generally contravene any of the provisions of the Copyright Act.

    3. SACNA reserves the right to monitor the User's activity on the web site, to investigate any alleged violation of these terms and conditions and / or complaints and, without limiting its rights in this regard, to take any action against the User in the event that there is sufficient proof of violation of these Terms and Conditions by the User. SACNA shall be entitled, in the event of violation by the User as aforesaid, to terminate the User's use of the web site, to attach conditions to the User's access to the web site and / or to remove any content from the web site published on the web site by the User.

    4. By using the web site and / or by making any payment to SACNA, the User is deemed to be familiar with these Terms and Conditions and / or any amendments thereto and the User is deemed to understand and accept these Terms and Conditions.

  10. Privacy Policy
    1. SACNA is committed to:
      1. Respect the User's right to privacy as enshrined in section 14 of the Constitution of the Republic of South Africa, No. 108 of 1996; and
      2. comply with the provisions of the Protection of Personal Information Act, No. 4 of 2003 (hereinafter "the POPI Act") when it comes into operation.

    2. Therefore:
      1. SACNA shall only publish personal information (as defined in section 1 of the POPI Act) of the User on its official web site with the express written permission of the User;
      2. The Purpose of publishing personal information of the User on SACNA's official web site as aforesaid is purely for the purpose of referring third parties to contact the User in the event that such third parties require the professional assistance of the User;
      3. SACNA shall keep all personal information of the User confidential in the event that the User expressly requires SACNA to keep such information confidential; and
      4. SACNA shall not use the User's personal information for any unlawful purpose.

    3. The User shall have the same obligations as aforesaid that SACNA has with respect to the use of personal information of other members of SACNA

    4. However, notwithstanding anything to the contrary contained herein, the User acknowledges that SACNA cannot guarantee that third parties or other SACNA members shall use the User's personal information (published on the web site) other than for the purpose of making use of the User's professional assistance. Therefore, the User shall not hold SACNA liable for any damages as a result of the unauthorised use of its personal information.

    5. SACNA shall be entitled to review its privacy policy and to amend it from time to time.

  11. Information collected by way of cookie technology
    1. "Cookies" are data which are stored on the User's computer when the User visits the web site and which enables the web site to keep record of the numbers of persons who visit the web site and to keep record of the information stipulated below.

    2. The User acknowledges that the web site makes use of cookie technology and that it may collect information pertaining to the User's visit, which information includes, but is not limited to the following, namely:
      1. The name of the User's Internet Service Provider (ISP);
      2. The Internet Protocol (IP) address through which the User accesses the web site;
      3. The date and time during which the User accesses the web site; and
      4. The web pages on the web site which the User accesses.

    3. The purpose of the collection of information as aforesaid is purely to increase the quality of the web site and to administer it properly.

    4. Notwithstanding the aforesaid, SACNA is dedicated to comply with its privacy policy stipulated in these Terms and Conditions and the information collected by way of cookie technology as aforesaid shall not be disclosed to third parties without the express written permission of the User.

  12. Amendments to the web site and the contents thereof
    1. SACNA reserves the right to:
      1. Amend these terms and conditions from time to time without giving notice to the User and any amendment shall be valid with immediate effect when the amended terms and conditions are published on the web site. In the event that the User continues to use the web site after the publication of the amended terms and conditions, the User is deemed to consent to the amended terms and conditions. The User furthermore warrants that he shall familiarise himself with any amendments to these Terms and Conditions;
      2. Temporarily or permanently modify or withdraw the web site or any part thereof without giving notice to the User; and
      3. Maintain the web site.

    2. The User indemnifies SACNA against any losses and / or damages which the User may suffer as a result of the aforesaid.

  13. Links to other websites and / or resources
    1. It is specifically recorded herein that SACNA may, on the website, provide the User with links to other websites and / or resources (hereinafter referred to as "external links") and that SACNA is not responsible for the content on such external links, neither does SACNA agree or disagree with such content.

    2. Therefore, the User indemnifies SACNA against all losses and / or damages which the User or any third party may suffer as a result of the following pertaining to such external links, namely the content published on such external links, which content includes, but is not limited to, the following, namely:
      1. Misrepresentation of information on such external links;
      2. Defamatory statements on such external links; and / or
      3. the User's reliance on the content published on such external links.

  14. General Disclaimer
    1. The User indemnifies SACNA, the authors of the web site and the host of the web site against any losses and / or damages which the User or any third party may suffer as a result of:
      1. Inaccurate, incorrect or incomplete information published on the web site;
      2. Inaccurate, incorrect or incomplete information published on the web site;
      3. Abuse of the web site and / or its contents.

  15. Governing law
    1. These Terms and Conditions shall be interpreted and applied in terms of the laws of the Republic of South Africa.

    2. Furthermore the Electronic Communications and Transactions Act, No. 25 of 2002 shall apply to these Terms and Conditions as if it is specifically incorporated herein. The User warrants that it is familiar with the provisions of the said Act which governs electronic agreements.

  16. Contact Details
    1. South African Clinical Neuropsychological Association (SACNA)
      28 Karbiet Street,
      Jukskei Park
      2188
      Tel: 4627501
      Email: [email protected]