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2019 © Biokinetics Association of South Africa - All rights reserved
Website Terms of Use • Privacy Policy • Admin

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Terms of Use Policy of the BASA Websites, online services, software, contents and materials

This section should be read in conjunction with our privacy policy which contains additional information relating to privacy of data and storage of information.

The BASA Web Site(s) are an online information service provided by the Biokinetics Association of South Africa (BASA), subject to your compliance with the terms and conditions set forth below.

Your consent to these Terms of Use and conditions

By the access, use, viewing, completion of online forms, submitting any data whatsoever, downloading of materials or any activity available on this website: https://www.biokinetics.org.za (wholly owned by the Biokinetics Association of South Africa), (hereinafter referred to as “BASA”), you implicitly agree with and will comply fully with the conditions of this Terms of Service.

Contents of the Website

The BASA website contents must in no instance be regarded as professional Biokinetics advice, assistance and/or support. All professional advices are issued after a personal consultation and examination and the user is cautioned that any suggestions made by professionals on the site might not be suitable to the user’s specific individual circumstances.
Articles and publications contained in the website are not intended to be used as professional advices and are for general purposes only. Any user requiring professional advices must contact a registered professional Biokineticist for a personal consultation and advices.
The host and owner confirms that information, ideas and opinions expressed on this site should never be regarded as professional advice or the official opinion of the Host, owner or any legal entity in respect of which information, ideas and opinions are expressed on this website. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site. Users who use this website and rely on any information do so at their own risk.

Copyright, Trademarks, Licenses and materials.

BASA materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the BASA materials may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the BASA service or BASA Materials or any portions of them. BASA materials may not be modified or altered in any way.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of BASA, or other third parties. You are not permitted to use them without the prior written consent of BASA or such third party that may own the Marks. The BASA logo is a trademark of the Biokinetics Association of South Africa.

BASA materials on the www.biokinetics.org.za website may not be distributed or sold, rented, leased, licensed or otherwise made available to others.

You may not remove any copyright or other proprietary notices contained in the BASA materials.
You may not copy or distribute any graphics in the BASA materials apart from their accompanying text.
You will not quote or display BASA materials, or any portions thereof, out of context.

BASA reserves the right to revoke the authorization to view, download and print the BASA materials available via the website at any time, and any such use shall be discontinued immediately upon notice from BASA.

Reliability and access to the website
– Do you guarantee that www.biokientics.org.za will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We monitor the website closely and have set up automated alarms to be notified when the BASA service is under stress, so that we can deal with the issue before it becomes a problem that might impact access.

You acknowledge and agree that BASA shall not be liable for any failure to store your information or materials on the website at any time.

Advertisements and Promotions

BASA may display advertisements and promotions from third parties in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via BASA, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that BASA is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-BASA advertisers on BASA.

Links to Third Party Sites

BASA may include links that will take you to other sites outside of the BASA service. The linked sites are provided by BASA to you as a convenience and the inclusion of the links do not imply any endorsement by BASA of any linked site. BASA has no control of the linked sites and you therefore acknowledge and agree that BASA is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that BASA is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Third Party Materials

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. BASA offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, BASA materials, the BASA service or another third-party service. You agree that you will not hold BASA responsible or liable with respect to the third-party services.

Warranties and Disclaimers

The BASA service and BASA materials are provided by BASA under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, BASA makes no warranty that

the BASA service and BASA materials will meet your requirements;
the BASA service and BASA materials will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of BASA service and BASA materials will be effective, accurate, or reliable;
the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and
any errors or defects in BASA service and BASA materials will be corrected.

This BASA service and BASA materials may include technical or other mistakes, inaccuracies, or typographical errors. BASA may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The BASA service and BASA materials may be out of date, and BASA makes no commitment to update the site, materials and services.

You acknowledge and agree that:

BASA does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
BASA makes no representations or warranties whatsoever about any such third parties, their materials or services;
any dealings you may have with such third parties are at your own risk; and
BASA shall not be liable or responsible for any materials or services offered by third parties.

BASA does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the BASA service and BASA materials and participation in any services.

To the maximum extent permitted by law, BASA will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. BASA also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of BASA service, BASA materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. BASA assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials.

No advice or information, whether oral or written, obtained by you from BASA or via the site, services or materials shall create any warranty not expressly stated in the terms of use. BASA will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Indemnity and Liability

You agree to indemnify and hold BASA and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through BASA, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
your access to or use of BASA (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with BASA);
your connection to BASA;
your violation of the Terms of Use;
the actions of any member of your work group, including non-logged in users you have granted access to your BASA site;
your infringement of any third party’s intellectual property rights when using any of the software made available by BASA;
your violation of any rights of any third party;
your access to or use of linked sites and your connections thereto; or
any dealings between you and any third parties advertising or promoting via BASA.

CONTACTING THE BIOKINETICS ASSOCIATION OF SOUTH AFRICA

If you have any questions about the content on this page, the practices of this site, or your dealings with this Web site, please contact us via the following:

Postal Address: Biokinetics Association of South Africa, Postal Address: P.O. Box 12448, Clubview 0014, Gauteng, South Africa

Physical Address: Office No 18, Norma Jean Square, 224 Jean Avenue, Centurion (Lyttleton)

Phone: 012 644-1506
Fax: 086 507 3318

BASA'S Privacy Policy and Acceptable Use of Information Policy (including privacy of email address and no spam policy)

BASA is committed to protect your privacy and to ensure that your personal information is used responsibly and securely in a transparent manner and this policy demonstrates BASA’s commitment to:

Respect the Member’s right to privacy as encompassed in section 14 of the Constitution of the Republic of South Africa, No. 108 of 1996; and
Comply with the provisions of the Protection of Personal Information Act, No. 4 of 2003 (hereinafter “the POPI Act”), and
Comply with the provisions of the Electronic Communications and Transactions Act, 2002.

This Privacy and Acceptable Use of Information Policy (including Email Address and SPAM Policy) and the Terms of Use Policy for the BASA Websites, online services, software, contents and materials Policy will, for the purposes of this document, be collectively referred to as the “Policy”.

This Policy sets out how BASA deals with personal information, for which purposes information is collected and what it is used for. This Policy is made available on BASA’s website www.biokinetics.org.za and at our office upon request.

Scope – to whom does this Policy apply?

This Policy will automatically apply to potential, current and former members of BASA, BASA Executive and Board, the individual Portfolio and Regional committee members, BASA Personnel and authorised BASA agents.

Policy and / or last amendment effective date

This policy and / or amendment will come into automatic effect on June 1, 2015.

BASA shall be entitled to review this policy and to amend it from time to time by publishing all amendments on the official BASA website(s) and placing notification thereof in email newsletters or other appropriate notification channels available to currently registered BASA members and allowing them to submit their objections.

Inquiries and Objections regarding this policy

We encourage you to review this policy to familiarize yourself with the contents. If you don’t want to accept the policy or any changes or, in the event of you either having queries or disagreements with our policy, please send to the BASA webmaster using this email: basa-webmaster@biokinetics.org.za. We undertake to resolve privacy issues with due diligence.

Privacy and Acceptable Use of Information Policy (including Email Address and SPAM Policy)

When does BASA collect and process personal information?

When you consent that we may process the information. We obtain such consent when you apply for membership, when you visit our facilities, or when you take part in our activities;
When we require personal information to assess whether you are eligible to take part in our activities, or a specific activity, and at what level;
When we have to process personal information to comply with an obligation imposed by law;
When it is necessary for BASA to pursue its legitimate interests or that of a third party to whom information is supplied, in order to provide you with appropriate services;
Where both ourselves and our associates or affiliates need certain personal information from you to perform our functions, make decisions when required and to inform you of our activities

How does BASA use your personal information?

BASA will only use personal information for the purpose for which it was collected. This may include the following:

To provide our services to our members and visitors and to perform the normal activities of BASA;
To confirm, verify and update a member’s details;
To keep proper records and logs of your activity history;
To establish if you are eligible to take part in our activities;
To conduct market research or establish your satisfaction;
For audit and account record keeping purposes;
To carry out the activities and services you sign up for and to maintain and constantly improve our relationship with all members;
To communicate telephonically with you;
To send you postal notifications, e-mail, newsletters and other relevant industry information and documentation as part of and directly related to your BASA Membership
To communicate with you in respect of all regulatory matters that may affect the profession of biokinetics;
In connection with legal proceedings (including HPCSA and CPD requirements);
In connection with, and to comply with, legal and regulatory requirements or when it is otherwise allowed by law.

Furthermore:

BASA shall keep all personal information of the Member confidential in the event that the Member expressly requires BASA to keep such information confidential;
BASA shall not use the Member’s personal information for any unlawful purpose. We may release your information when we believe the release is appropriate to comply with the law, enforce our site policies or to protect our or other’s rights, property or safety.
The data collected during Membership registration and / or information otherwise requested by BASA, is used only by BASA personnel, authorised BASA agents and BASA Regional and Portfolio committees to conduct the normal day-to-day business of BASA. These personnel, agents and committees undertake to never distribute or provide such data to any third party in any format whatsoever and are responsible for ensuring the safekeeping and protection of all such data, both physical and digital at all times.
BASA shall only publish personal information (as defined in section 1 of the POPI Act) of the Member on its official web site with the express written (or electronic) permission of the Member. The purpose of publishing personal information of the Member on BASA’s official web site is purely for the purpose of referring third parties to contact the Member in the event that such third parties require the professional assistance of the Member. (This published information does not include the display of the email address – see Email Address and SPAM policy section below);
BASA will never sell, give, or otherwise disclose or distribute any part of any member’s personal or contact information, including but not limited to email address, postal address, telephone number(s), practice details, registration numbers, etc., to ANY other third party without first informing you of their intent to do so and allowing you to submit your objections, if any. This does not include trusted third parties who assist us in operating our website, conducting our business or servicing you so long as those parties agree to keep this information confidential and secure. See Email Address and SPAM policy section.
BASA reserves the right to provide anonymous (unidentifiable) personal information to academic institutions or to any government institution solely for the purposes of research.
From time to time BASA negotiates with medical schemes for the purposes of its members becoming preferred providers – to the benefit of the BASA members. This is done for the purpose of referring third parties to contact the Member in the event that such third parties require the professional assistance of the Member. BASA will provide such parties with the minimal personal information required by the third party to perform said task and no other. Such provision of information should clearly be for the beneficial interest or advantage of the Member. The information will not include a Member’s Email Address – Refer to the Email Address and SPAM policy section.
Third party links on BASA Websites or in Newsletters and other communications: Occasionally, at our discretion, we may include or offer or allow to be advertised, third party products or services on our website, events calendar and in communications. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites or any personal information that you provide to them. Nonetheless, we seek to protect the integrity of our sites and welcome any feedback about these sites.
The POPI Act requires us to adequately protect the personal information we hold and to avoid unauthorised access and use of your personal information. We will continuously review our security controls and processes to ensure that your personal information is secure.
BASA endeavours at all times to keep Member information confidential, secured and protected in accordance with the Electronic Communications and Transactions Act, 2002. If we need to transfer your personal information to another country for processing or storage (e.g. cloud computing systems / storage e.g. online Dropboxes, etc.) we will ensure that any such methodology used or party to whom we pass on your personal information will treat your information with the same level of protection as required from us.
The website administrator may make use of your IP address to assist in the diagnosing of server complications and to assist in the smooth administration of the website. This will furthermore assist with verification that the user is in fact the owner of the email address and contact information provided. The website also uses cookies to save a various links and activity information.

Your Email Address and SPAM policy

A Member’s e-mail information will only be used by BASA personnel, agents or committees to communicate with the member for all matters directly relating to the business of BASA and / or the promotion of the profession of biokinetics.
All e-mail communications to a BASA member will be sent directly from an authorised BASA email address only. Any other communications and or emails received by a member from any other third party purporting to represent BASA should immediately be reported to BASA.
E-mail communications from BASA might contain third party advertising and promotions that have been approved as appropriate for the practice of biokinetics, or such other third party information being of use or interest to a BASA member.
A member’s E-mail address will never be provided to any third-party unless BASA:
obtains specific prior written or digital consent from the Member for each individual instance as per POPI Act, and
the third party provides BASA with a written undertaking to:(a) specify the exact purpose and use for which the information will be used – and in addition to such undertaking –
(b) include a written commitment to refrain from using the email address for the marketing of any products and services not directly related to the purpose for which the email address was originally provided and intended in (a) contained herein.

However, notwithstanding anything to the contrary contained herein, the Member acknowledges that BASA cannot guarantee that third parties or other BASA members shall use the Member’s personal information (including that published on the web site) other than for the purpose of making use of the Member’s professional assistance. Therefore, the Member shall not hold BASA liable for any damages as a result of the unauthorised use of the Member’s personal information. Please report such abuse immediately to BASA for further investigation and action.

Your consent to this policy

By continuing to use any of the BASA Websites, or communicating with BASA or using any of the benefits of a registered BASA member, you:

are agreeing to the policy conditions outlined on this page, and unless you lodge a formal written request or written complaint of your objections or wishes directly to BASA, your implicit consent to the content and conditions of this policy is assumed and will be applied.
further agree to have the same privacy obligations that BASA has with respect to the use of personal information of other members of BASA.
will not disclose your unique username and password (provided to you by BASA) to any third party, including any other regular member of BASA. You must keep your unique username and password a secret and you indemnify BASA against any losses and or damages which the you may suffer as a result of the intentional or unintentional disclosure of your username and password to such third party;
agree that it is your responsibility to ensure that you familiarize yourself with all information, notifications, services and procedures provided on the website by BASA and its agents, including any third party services of which you make use e.g. Malpractice Indemnity requirements and or related industry or regulatory information that is provided from time to time.
agree that BASA will make use of your primary email address to send you communications, notifications and provide documentation and other regulatory procedures or guidelines or instructions. It is your responsibility to read and act upon all such notifications and instructions. In addition, BASA will also publish all such notifications and instructions on the BASA website for further reference. BASA cannot be held liable for any consequences arising from any unread notifications sent to your primary email address or published on the website.

You further agree that in your capacity as a BASA Member or individual Portfolio or Regional Committee member or BASA agent, you shall not:

Collect, harvest or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about other BASA members.
Prepare, compile, use, download or otherwise copy any BASA member directory or other member or member usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
Violate the rights of BASA or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use any BASA or BASA domain name as a pseudonymous return e-mail address.
Market any goods or services for any business purpose to BASA Members (including advertising and making offers to buy or sell goods or services), unless specifically allowed and authorised to do so by BASA. Written authorization must be provided by BASA.
Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any BASA server, whether through hacking, password mining or any other means.
Access or attempt to access any material that you are not authorized to access.
Make available any files containing materials where you do not own or control, or have not received the necessary permissions to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the BASA service, BASA materials, systems resources, accounts, passwords, servers or networks connected to or accessible through BASA or any affiliated or linked sites.
Transmit unsolicited or bulk communications to any BASA account holder or to any biokinetics.org.za or affiliated e-mail address.
Post or otherwise submit to BASA or its members and agents, any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
Create a false identity for the purpose of misleading others.
Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
Disrupt, interfere or inhibit any other user from using and enjoying the BASA service or other affiliated or linked sites, materials or services.
Access or use BASA in any manner that could damage, disable, overburden or impair any BASA server or the network(s) connected to any BASA server.
Violate any applicable laws or regulations related to the access to or use of BASA, or engage in any activity prohibited by the Terms of Use.
Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.

You agree to adhere to the BASA’s Privacy Policy and Acceptable Use of Information Policy (including privacy of Email Address and No SPAM policy) and Terms of Use Policy at all times. Failure to adhere to such policies could result in BASA’s right to prosecute offenders to the full extent of the law.

Queries and objections to the Policy

In the event of you either having queries or disagreements with our policy, please contact the BASA Webmaster using this E-Mail: basa-webmaster@biokinetics.org.za. We undertake to resolve privacy issues with due diligence.

Postal Address: Biokinetics Association of South Africa, Postal Address: P.O. Box 12448, Clubview 0014, Gauteng, South Africa
Physical Address: Office No 18, Norma Jean Square, 224 Jean Avenue, Centurion (Lyttleton)
Phone: 012 644-1506
Fax: 086 507 3318