SNOWGLOBE™ SOLUTIONS (PTY) LTD LICENCE AGREEMENT

By selecting “I accept the terms of the Licence Agreement” and proceeding with accessing and/or using Snowglobe Bio, you agree to be bound by the terms of this licence agreement (the Licence Agreement”) and accept that this is equivalent to a written agreement signed by you, and you also agree to be bound by the Terms & Conditions of use of the Snowglobe Bio website, the Privacy Policy, the User Registration Form, and the Consent Form.
If you do not agree to the terms set out herein select “CANCEL” and do not use Snowglobe Bio.
BACKGROUND
Snowglobe software is a practice management and/or data management tool aimed at healthcare practitioners. Snowglobe Bio is a bespoke cloud based platform and practice management and/or data management tool specifically developed for use by biokineticians, more specifically biokineticians registered under the Health Professions Act No. 56 of 1974 (as amended) in South Africa (herein after referred to as “Snowglobe Bio”). Snowglobe software and Snowglobe Bio are owned by Snowglobe Solutions (Pty) Ltd a company registered under the laws of South Africa.
User Registration, downloading and use of Snowglobe Bio is only available to biokineticians, or biokinetician practices, registered to practice as such in South Africa under the Health Professions Act No. 56 of 1974 (as amended).
Upon registration for, and/or using of, Snowglobe Bio you, as a registered biokinetician practice and/or registered biokinetician, consent to the collection, collation, processing, and storing of data and/or information connected to such registration and use, and you undertake to obtain written consent from each and every patient via Snowglobe Bio’s Consent Form to collect, collate, process and store data including Personal Information and Medical Information described in said Consent Form.
By selecting the “I accept the terms of the Licence Agreement” you confirm that you are a registered biokinetician, or a registered biokinetician empowered to legally contract by and/or on behalf of a registered biokinetician practice and/or another legal entity permitted by the Health Professions Act No. 56 of 1974 (as amended) to perform the work of a biokinetician.
GRANT OF LICENCE
Snowglobe Solutions (Pty) Ltd grants a license to you to access and/or use Snowglobe Bio via a web browser, including accessing and/or using any Snowglobe Bio generated documents, as part of practising the profession of a biokinetician in exchange for payment as per the Payment Provisions herein.
PAYMENT PROVISIONS
The granted licence shall be active after payment of a once off sign-up fee of R5500 (Five thousand five hundred rand only) and shall be kept active on a monthly basis subject to upfront monthly payments which monthly shall be the “Licence Fee”. The Licence Fee is based on the number of biokineticians in a particular practice.

The Licence Fee shall be as follows:

Number of biokineticians in practice:	Licence fee per month (to be paid upfront via debit order as per the User Registration form)
1	R350.00
2	R450.00
3	R550.00
4	R650.00
5	R750.00
6 and more (flat rate – excluding academic institutions and/or hospitals and/or rehabilitation centres)	R850.00

Academic institutions and/or hospitals and/or rehabilitation centres must negotiate Licence Fees separately.

The monthly Licence Fee shall include reasonable maintenance of any backend software code, and two (2) hours of technical support.

Additional related services (the “Menu Services”):

The following Menu Services are offered at additional charge, and you hereby consent to add such additional charges as selected by yourself to your monthly debit order:

1. Your Snow: once off activation fee of R2,500 (two thousand five hundred Rand only):Your Snow will include your own design, development, uploading and implementation of bespoke documents requested by you – quoted separately for at an hourly rate per document.\
2. SMS (short message service): The sms ‘e will be available in 2 bundles
   • 500 @ R220
   • 1000 @R400
3. Data usage: An additional charge for data usage will be charged at R50 per month per gigabyte after reaching an initial free cap of 1 gigabyte.
4. Own domain name: There will be a once-off R200 (two hundred Rand only) charge, followed by a monthly charge of R75 (seventy-five Rand only) per month.
5. Logo Design: This will be quoted for separately upon request, based on an hourly rate.
6. Integration of your brand with Snowglobe Bio documentation: This will be quoted for separately upon request, based on an hourly rate.
7. Additional Requests: Additional requests will be quoted for separately, based on an hourly rate.

Licence fees and all Menu Services may increase yearly, at the sole discretion of Snowglobe (Pty) Ltd, on

1 January of each year. We try to keep overheads toa minimum, however, there will be increases from time to time which will be communicated to you prior to the time.

OWNERSHIP AND INTELLECTUAL PROPERTY

The licensed Snowglobe Bio cloud based system, including but not limited to, its front-end, back-end, documents, forms, questionnaires, videos, and/or tables, vests with intellectual property rights including, without limitation, trademarks, service marks, trade names, domain names, in each case whether registered or unregistered and including applications for the grant of any of the aforementioned; copyright (including, without limitation, rights in computer programs (source code and compiled code), literary works, artistic works, musical works, sound recordings, cinematographic films, data bases, and moral rights), inventions, know-how, confidential information, and trade secrets (the Intellectual Property). All ownership and all right, title and interest in and to the Intellectual Property, and any modifications and/or improvements thereof, vests with Snowglobe Solutions (Pty) Ltd.

You agree not to challenge the validity of the Intellectual Property rights for the term of the licence and in perpetuity thereafter. This clause shall survive termination and/or cancellation of this Licence Agreement.

RESTRICTIONS AS TO USE

You agree not to alter, modify or adapt Snowglobe Bio and/or the Intellectual Property and/or merge same into another computer program, reverse engineer, disassemble, decompile or make any attempt to discover the source code of Snowglobe Bio, or use it as the basis for preparing derivative works of any nature whatsoever, or sell, sub-licence, rent or lease Snowglobe Bio. Any breach of the provisions of this clause shall constitute a material breach of this Licence Agreement.

You agree not to provide false information when registering and/or using Snowglobe Bio.

You recognise the proprietary rights of Snowglobe Solutions (Pty) Ltd in and to Snowglobe Bio, and the right to receive income from such proprietary rights.

ASSIGNMENT AND TRANSFER

You agree not to assign this Licence Agreement, or any part of it, to any other person (natural or juristic) without express written permission from Snowglobe Solutions (Pty) Ltd

WARRANTY AND LIMITATION OF LIABILITY

Snowglobe Solutions (Pty) Ltd provides Snowglobe Bio “as it is”, “with its faults” and “as available”. Snowglobe Solutions (Pty) Ltd makes no warranty or representation, either express or implied, with respect to Snowglobe Bio, including its quality, performance, or suitability for any particular purpose.

Snowglobe Solutions (Pty) Ltd will in no event be liable for damages arising out of the use of or inability to use Snowglobe Bio, regardless of whether the damages are direct, indirect, special, incidental, or consequential.

Snowglobe Solutions (Pty) Ltd will not be responsible for any costs arising from or incurred as a result of lost profits or revenue, loss of use of Snowglobe Bio, loss of data, the cost of recovering such Snowglobe Bio or data, or the cost of substituting Snowglobe Bio.

You hereby indemnify and hold Snowglobe Solutions (Pty) Ltd harmless from any claim (including in respect of indirect and/or consequential loss and special and/or punitive damages) arising from any loss or damage which may arise as a result of the use of Snowglobe Bio (including, but not limited to, its front-end, back-end, documents, forms, questionnaires, videos, and/or tables) and/or its Consent Form.

Snowglobe Solutions (Pty) Ltd shall not be liable for unavailability, interruption, downtime, malfunction, or failure of its website or Snowglobe Bio itself for any reason whatsoever.

To the fullest extent permitted by law, in the event that any or all of the limitations of our liability in terms this Licence Agreement are found to be unenforceable or invalid by a competent South African court or authority, our cumulative liability to you will not exceed R10,000 (ten thousand rand) under any circumstances whatsoever.

It is specifically recorded that it is your responsibility to make data back-ups to protect against data corruption and/or hardware failure.

AMENDMENTS TO SOFTWARE AND LICENCE AGREEMENT

Snowglobe Solutions (Pty) Ltd may make changes, modifications or amendments to Snowglobe Bio from time to time. This will normally be done as upgrades, updates or improvements but may be done for any reason at our sole discretion.

In the event that Snowglobe Solutions (Pty) Ltd makes any changes, modifications or amendments to Snowglobe Bio, the scope of this Licence Agreement shall automatically be extended to cover the licence of such changes, modifications or amendments with effect from the date that the changes, modifications or amendments are made available to you, unless such changes, modifications or amendments are accompanied by a separate licence in which case that licence may replace this one.

Should Snowglobe Solutions (Pty) Ltd amend this Licence Agreement for whatever reason it will make reasonable effort to provide notice of the changes. If you do not agree to the amendments, then you must immediately stop using Snowglobe Bio. If you continue using Snowglobe Bio you will be deemed to have accepted the changed licence terms and conditions.

CONSENT TO USE DATA

You agree that Snowglobe Solutions (Pty) Ltd may collect and use data, including technical and other information relating to your computer, system and software to facilitate provision of updates, product support, maintenance and other services and to verify compliance with the terms of this Licence Agreement

TERM AND TERMINATION

This Licence Agreement shall be effective upon your acceptance hereof, together with upfront payment as per the Payment Provisions herein.

This Licence Agreement will remain in force provided the upfront monthly payments as per the Payment Provisions are made. Failure to pay will result in immediate termination of this Licence Agreement together with termination of any and all services rendered to you by Snowglobe Solutions (Pty) Ltd or any of its subsidiaries.

Both Snowglobe (Pty) Ltd and you may terminate this Licence Agreement for any reason whatsoever upon providing one (1) months’ written notice thereof.

Upon termination you shall uninstall any Snowglobe Solutions (Pty) Ltd software and/or applications, and delete any copies thereof.

The right to use Snowglobe Bio under this Licence Agreement will automatically terminate if you fail to comply with any one or more of its terms or conditions and/or the Terms & Conditions of use of the Snowglobe Bio website, and/or the Privacy Policy, and/or the User Registration Form, and/or the Consent Form.

Upon your request, and within fifteen (15) business days after termination by either party or by failure to make good on the Payment Provisions, Snowglobe Solutions (Pty) Ltd shall provide you with an electronic summary of your account via email and/or Dropbox and/or similar means, which summary shall include any Practice Information (as per the User Registration Form), Medical Information (as per individual patient Consent Forms) and Personal Information (as per individual patient Consent Forms) forming part of your account and/or medical records contained therein. You agree that any and all information and/or data uploaded onto your Snowglobe Bio account and/or generated by yourself and/or generated by your practice, including, but not limited to, any Practice Information, Medical Information and Personal Information shall be owned by Snowglobe Solutions (Pty) Ltd, and may be used for research purposes (for example but not limited to epidemiological research), and practice business planning, and may be passed on to third parties as de-identifiable data or anonymise data. (i.e. no personal identifiable information including name, ID number, address, telephone number, email will be passed on to any third parties for any reason whatsoever.) This clause shall survive termination and/or cancellation of this Licence Agreement.

SUSPENSION OF ACCOUNTS

Snowglobe Solutions (Pty) Ltd reserve the right to suspend and terminate any account that has been inactive for six (6) months or more.

Furthermore, Snowglobe Solutions (Pty) Ltd reserves its right to terminate or suspend your account if it determines, through reasonable investigation and enquiries, that you have breached the terms of this Licence Agreement, or the Terms and Conditions of Use of its website(s), the Privacy Policy, the User Registration Form, the Consent Form, or that your conduct violates applicable laws or is otherwise harmful to its, or other third parties’ interests, or if it decides to cease our products or services or products or services in connection with this website and/or Snowglobe (Pty) Ltd software and/or Snowglobe Bio software.

REACTIVATION OF TERMINATED AND/OR SUSPENDED ACCOUNTS

Reactivation of terminated and/or suspended accounts shall incur a reactivation fee of R500 to be paid up front.

GOVERNING LAW AND INTERPRETATION

This Licence Agreement together with the Terms & Conditions of use of the Snowglobe Bio website, the Privacy Policy, the User Registration Form, and the Consent Form shall be governed by the laws of the Republic of South Africa, including the Health Professions Act No. 56 of 1974 (as amended), the Health Professions Council of South Africa (HPCSA) and its Rules of Ethics, the Protection of Personal Information Act No. 4 of 2013, the Electronic Communications & Transactions Act no. 25 of 2002, the Children’s Act No. 38 of 2005, the National Credit Act No. 34 of 2005, and the Consumer Protection Act No. 68 of 2009.

GENERAL PROVISIONS

All parts of this Licence Agreement apply to the fullest extent allowed by law. Should a court hold that we cannot enforce a part of this written Licence Agreement, you agree that we may replace that part with enforceable terms that most closely match the intent of the part that we cannot enforce. In such a case, the remainder of this Licence Agreement will not change.

 

Please read and ensure that you understand the content of this Privacy Policy, the Terms & Conditions of use of this website and are familiar with the associated Snowglobe Bio cloud based platform and management system, the User Registration Form, and the Consent Form, before you proceed to register for and/or use the Snowglobe Bio cloud based platform and management system (“Snowglobe Bio”).

By completing the User Registration Form and/or using Snowglobe Bio you confirm that you understand and do not take issue with this Privacy Policy, the Terms & Conditions, the User Registration Form, the Consent Form, and the Licence Agreement.

User Registration and use of Snowglobe Bio is only available to biokineticians, or biokinetician practices, registered to practice as such in South Africa under the Health Professions Act No. 56 of 1974 (as amended).

Upon registration for Snowglobe Bio and/or using Snowglobe Bio you, as a registered biokinetician practice and/or registered biokinetician, consent to the collection, collation, processing, and storing of data and/or information connected to such registration, and you undertake to obtain written consent from each and every patient via Snowglobe Bio’s Consent Form to collect, collate, process and store data including Personal Information and Medical Information described in said Consent Form.

Amendments to this Privacy Policy may be made from time to time, and such amendments will be made available on this website.

WHAT DATA AND/OR INFORMATION IS COLLECTED:

1. Data and/or information relating to your name, contact details (telephone, email, website), ID number, work address, payment information, practice name, and registration number and details under the Health Professions Act No. 56 of 1974 (as amended) (“Practice Information”).
2. So-called Personal Information and Medical Information as set out in the Snowglobe Bio Consent Form for patients of your practice.

WHY IS THE DATA/OR INFORMATION REQUIRED:

1. The Practice Information is required for accounting and/or payment purposes, research purposes (for example but not limited to epidemiological), training purposes, marketing purposes, software updates, and to optimize your experience and overall benefit of Snowglobe Bio.
2. Personal Information is required for accounting and/or payment purposes, and may be deleted at the request of a patient.
3. Medical Information is required for treatment purposes, referrals to other healthcare providers registered in terms of the Health Professions Act No. 56 of 1974, medical aid claims, research (for example but not limited to epidemiological), training purposes, and practice business planning, and may be passed on by Snowglobe Bio only to third parties as de-identifiable data or anonymise data.

HOW IS THE DATA STORED:

1. The data and/or information, including the Practice Information, the Personal Information, and the Medical Information is stored electronically on a secure server located in the Republic of South Africa. Snowglobe Bio has taken reasonable measures to ensure the aforementioned data and/or information remains secure. Information regarding the security features of the server CLICK HERE

FOR HOW LONG IS THE DATA/INFORMATION STORED:

1. The Practice Information is stored indefinitely or until a request for deregistration. Following the request for deregistration the Practice Information will be destroyed within one (1) month.
2. The Personal Information is stored indefinitely or until a request for deregistration. Following the request for deregistration the Personal Information will be destroyed within one (1) month.
3. The Medical Information is stored indefinitely as de-identifiable data or anonymise data.

REQUEST FOR DATA AND/OR INFORMATION:

1. Practice Information may be requested by the relevant registered user by emailing the address below.
2. Personal Information may only be requested by the relevant patient by emailing the email address below, and upon successful identification of said patient by Snowglobe Bio.
3. Medical Information may only be requested by the relevant registered user and/or patient by emailing the email address below, and upon successful identification of said patient by Snowglobe Bio.

Contact email address: support@snowglobesolutions.com

DELETION OF DATA AND/OR INFORMATION:

1. Practice Information may be deleted at the request of the relevant registered user by emailing the address below.
2. Personal Information may be deleted at the request the relevant patient by emailing the email address below, and upon successful identification of said patient by Snowglobe Bio.
3. Medical Information may be deleted at the request of the relevant registered user and/or patient by emailing the email address below, and upon successful identification of said patient by Snowglobe Bio.

Contact email address: support@snowglobesolutions.com

COOKIES:

This website uses cookies. Cookies are alphanumeric identifiers transferred to the hard drive of your computer through your web browser to allow us to recognize your browser. Cookies are used to optimize your user experience (UX). You can disable cookies by making use of certain programs.

GOOGLE ANALYTICS:

This website uses Google Analytics, a service provided by Google, Inc., to obtain information for the purpose of evaluating use of this website and compiling reports relating thereto.

GOVERNING LAWS

This Privacy Policy is subject to the laws of the Republic of South Africa, including the Health Professions Act No. 56 of 1974 (as amended), the Health Professions Council of South Africa (HPCSA) and its Rules of Ethics, the Protection of Personal Information Act No. 4 of 2013, the Electronic Communications & Transactions Act no. 25 of 2002, the Children’s Act No. 38 of 2005, the National Credit Act No. 34 of 2005, and the Consumer Protection Act No. 68 of 2009. In any event of conflict between this Privacy Policy and the above law, the provisions of legislation will prevail.

I, _____________________________________________, the undersigned, do hereby confirm that:

1. I confirm that I am a registered biokinetician in terms of the Health Professions Act No. 56 of 1974 (as amended), and that I am duly authorised to complete this User Registration Form in my personal capacity, or as duly authorized representative of the practice mentioned above, whatever the case may be.
2. I confirm that I have read and understood the Privacy Policy, the Terms & Conditions, and the Consent Form, and that the information contained in this User Registration Form is true and correct.
3. By completing this User Registration Form I agree to comply with all the provisions of Privacy Policy, the Terms & Conditions, and the Consent Form.
4. I hereby acknowledge and accept that Snowglobe Bio is in no way a diagnostics tool, but understand that it is a cloud based platform and management system that allows and/or provides for the storage of data and/or information, wherein data may be collated from assessments. I hereby accept that I cannot rely on Snowglobe Bio to make a diagnosis, prognosis, prescribe treatment, comment on improvement in diagnosis and recovery, and assign an ICD 10 Code, and that I must exercise my own professional discretion in this regard.
5. I hereby consent to a monthly debit order as set out herein above, and accept that additional services may be levied against my account for additional products/services appearing as Menu Items in the Licence Agreement.
6. I confirm that I have professional indemnity insurance in my capacity as a registered biokinetician or juristic entity of registered biokineticians.
7. I hereby indemnify the Snowglobe Bio, Snowglobe Software, Snowglobe Solutions (Pty) Ltd and/or its holding companies and/or affiliates from any liability, damages or whatsoever that I may suffer as a result of any, or partial failure, to comply with the provisions of the Privacy Policy, the Terms & Conditions, and the Consent Form, and that I shall hold Snowglobe Bio, Snowglobe Software, Snowglobe Solutions (Pty) Ltd and/or its holding companies and/or affiliates, including its partners, directors, staff, associates or consultants, blameless for any damages or prejudice that I might suffer.

 

 

SIGNED at __________________________________ this ___________ day of ____________ 2018

 

 

______________________________

Signature

Full Names:

Capacity: Duly authorised representative

 

This User Registration Form is subject to the laws of the Republic of South Africa, including the Health Professions Act No. 56 of 1974 (as amended), the Health Professions Council of South Africa (HPCSA) and its Rules of Ethics, the Protection of Personal Information Act No. 4 of 2013, the Electronic Communications & Transactions Act no. 25 of 2002, the Children’s Act No. 38 of 2005, the National Credit Act No. 34 of 2005, and the Consumer Protection Act No. 68 of 2009. In any event of conflict between this User Registration Form and the above law, the provisions of legislation will prevail.

Last updated: 3rd Oct. 2018

Please read and ensure that you understand the content of these Terms & Conditions of use of this website and the associated Privacy Policy, the User Registration Form, the Consent Form, and the Licence Agreement, and that you are familiar with the Snowglobe Bio cloud based platform and management system (“Snowglobe Bio”), before you proceed to register for and/or download and/or use Snowglobe Bio.

By completing the User Registration Form and/or downloading Snowglobe Bio and/or installing and/or using the Snowglobe Bio you confirm that you understand and do not take issue with this Privacy Policy, the Terms & Conditions, the User Registration Form, the Consent Form, and the Licence Agreement.

User Registration, and/or downloading and/or installation and/or use of Snowglobe Bio is only available to biokineticians, or biokinetician practices, registered to practice as such in South Africa under the Health Professions Act No. 56 of 1974 (as amended).

Upon registration for and/or downloading of and/or installing of and/or using Snowglobe Bio you, as a registered biokinetician practice and/or registered biokinetician, consent to the collection, collation, processing, and storing of data and/or information connected to such registration, and you undertake to obtain written consent from each and every patient via Snowglobe Bio’s Consent Form to collect, collate, process and store data including Personal Information and Medical Information described in said Consent Form. You confirm & agree that any and all information and/or data uploaded onto your Snowglobe Bio account and/or generated by yourself and/or generated by your practice, including, but not limited to, any Practice Information, Medical Information and Personal Information shall be owned by Snowglobe Solutions (Pty) Ltd, and may be used for research purposes (for example but not limited to epidemiological research), and practice business planning, and may be passed on to third parties as de-identifiable data or anonymise data.

SNOWGLOBE SOFTWARE AND SNOWGLOBE BIO:

BACKGROUND INFORMATION

Snowglobe software is a practice management and/or data management tool aimed at healthcare practitioners. Snowglobe Bio is a bespoke cloud based platform and practice management and/or data management tool specifically developed for use by biokineticians, more specifically biokineticians registered under the Health Professions Act No. 56 of 1974 (as amended) in South Africa. Snowglobe software and Snowglobe Bio are owned by Snowglobe Solutions (Pty) Ltd a company registered under the laws of South Africa.

Snowglobe Bio provides for the collection, collation, processing, and storing of data and/or information including Practice Information (see User Registration Form), Personal Information (see Consent Form) and Medical Information (see Consent Form) with the aim to provide a user friendly tool for the management and/or record keeping and/or appointment scheduling and/or medical aid claiming and/or accounting of a biokinetics practice in South Africa.

Furthermore, Snowglobe Bio may provide information relating to possible treatment guidelines, possible exercises, possible medical referrals and/or ICD 10 Codes related to the medical history, physical symptoms and/or Medical Information of a patient. Snowglobe Bio is in no way a diagnostics tool, and a registered user must at all times exercise his/her professional discretion when deciding on diagnoses, prognoses, treatment, improvement in diagnoses and recovery, and assignment of ICD 10 Codes.

Snowglobe software and/or Snowglobe Bio are by no means diagnostics tools and a user cannot rely on either Snowglobe software or Snowglobe Bio to make a diagnosis, prognosis, prescribe treatment, comment on improvement in diagnosis and recovery, and/or assign a ICD 10 Code.

OUR WEBSITE

Thank you for visiting www.snowglobesolutions.com (the “Website”). This Website is owned by Snowglobe Solutions (Pty) Ltd.

For purposes of these Terms and Conditions of Use, any reference to “we”, “our” or “us” is a reference to Snowglobe Solutions (Pty) Ltd. Any reference to “you” or “your” is a reference to a registered user having completed the User Registration Form, and having read and understood these Terms & Conditions of use of this website and the Privacy Policy, the User Registration Form, the Consent Form, and the Licence Agreement, said registered user being a registered biokinetician in term of the Health Professions Act No. 56 of 1974.

ACCEPTANCE

Completion of the User Registration Form constitutes acceptance of the provisions in these Terms & Conditions of use of this website and the associated Snowglobe Bio cloud based platform, the Privacy Policy, the User Registration Form, the Consent Form, and the Licence Agreement.

Please note that if you do not agree to these Terms & Conditions of use of this website, the Privacy Policy, the Consent Form, and the Licence Agreement, you may not complete the User Registration Form, utilize this website or utilize any Snowglobe software including Snowglobe Bio.

REGISTRATION AND PAYMENT FOR ACTIVATION

Upon successful User Registration an account will be generated and details thereof including a username and password communicated to you via email. Activation of your account will take place once payment has been received.

PAYMENT

The sum of monies owing will naturally depend on the package chosen upon registration (see User Registration Form). Payment, account activation, account deactivation, and termination are more fully described in the License Agreement.

Payment shall be made through a certified secure payment gateway.

YOUR ACCOUNT

Registration and payment will be confirmed via email and you will be required to re-set your password against the allocated username. Please note that these details must be kept safe offline. We encourage making use of a password including at least six (6) characters, one upper case letter, one numeral and one symbol. We further recommend that you consider changing your password from time to time.

You are responsible for ensuring confidentiality for your account and will immediately notify Snowglobe  Solutions (Pty) Ltd of any unauthorised use of your account or any other breach of security. Snowglobe Solutions (Pty) Ltd will not be liable for any loss or damage arising from your failure to comply herewith.

Snowglobe Solutions (Pty) Ltd has put measures into place to protect and prevent unauthorised access, use or disclosure of your personal identifiable information and/or Practice Information and/or Personal Information and/or Medical Information (see Consent Form). These measures have been set out in the Privacy Policy. However, please note that your personal identifiable information and/or Practice Information and/or Personal Information and/or Medical Information on our servers, or that of third parties, which we use, are vulnerable to attack and cannot be guaranteed to be secure.

Please note that submissions made via email are not protected by encryption and are vulnerable to interception during transmission.

Although all reasonable efforts have been made to ensure security and safety of your personal identifiable information and/or Practice Information and/or Personal Information and/or Medical Information, transmissions made on or through the internet or stored on servers, we disclaim responsibility for any and all negligent acts that may result in the disclosure of your personal identifiable information.

TERM OF REGISTRATION

Your account will be valid for the duration time set out in the License Agreement.

Accounts are transferable between registered users upon a sale of a practice by one registered user to another registered biokinetician. A request for account transfer must be made in writing. Account transfers will incur an additional cost.

Refunding of any amounts paid to Snowglobe Solutions (Pty) Ltd is only possible within 30 days of payment, and only if the registered user has not yet loaded patient information including Personal Information and/or Medical Information against their account. For refund enquiries contact us at

TERMINATION AND SUSPENSION OF ACCOUNTS

We reserve the right to suspend and terminate any account that has been inactive for six (6) months or more.

Furthermore, we reserve our right to terminate or suspend your account if we determine, through reasonable investigation and enquiries, that you have breached these Terms and Conditions of Use, the Privacy Policy, the User Registration Form, the Consent Form, the Licence Agreement, or that your conduct violates applicable laws or is otherwise harmful to our, or other third parties’ interests, or if we decide to cease our products or services or products or services in connection with this website and/or Snowglobe Solutions (Pty) Ltd.

COMMUNICATIONS

By providing your email address through the registration process on our website, you, consent to receive emails from us relating to promotional material as well as any news or updates to the product, services or website content.

You may at any time opt out of such emails by emailing us at info@snowglobesolutions.com

PRIVACY POLICY

The Privacy Policy can be accessed here .  CLICK HERE

THE CONSENT FORM

The Consent Form can be accessed here.   CLICK HERE

THE USER REGISTRATION FORM

The User Registration form can be accessed here.  CLICK HERE

THE LICENCE AGREEMENT

The Licence Agreement can be accessed here.  CLICK HERE

THIRD PARTY LINKS

Should any third party web link be provided on this website any such link does not represent an endorsement or responsibility for the content of such website on our part. We make no warranties or representations, whether express or implied or statutory as to such third party website.

INTELLECTUAL PROPERTY

All the intellectual property including all patentable subject matter, copyrighted works, trade marks, website content and information, domain names and the name SNOWGLOBE and SNOWGLOBE BIO is owned by Snowglobe Solutions (Pty) Ltd.

Any unauthorised use of this website or associated Snowglobe software is strictly prohibited. You undertake not to challenge any intellectual property rights vesting with Snowglobe Solutions (Pty) Ltd.

You undertake to not amend, reproduce, publish, distribute, display, make derivative works or transmit any content or information on this website, and/or Snowglobe software Snowglobe Bio, and not to sell, lease, resell any product or services obtained from this website and/or Snowglobe Solutions (Pty) Ltd our written permission. Fair use or fair dealing for educational or teaching purposes permits reproduction of copyrighted works, trade marks, website content and information, domain names and the names SNOWGLOBE and SNOWGLOBE BIO owned by Snowglobe Solutions (Pty) Ltd.

USE OF THE WEBSITE & SNOWGLOBE SOFTWARE & SNOWGLOBE BIO

You may only use this website and/or Snowglobe software and/or Snowglobe Bio for lawful purposes. You are not allowed to:

1. modify, link to, distribute, exploit, commercialise or alter the website or Snowglobe software or Snowglobe Bio cloud based platform;
2. attempt to circumvent the security systems of this website;
3. incorporate any part of the website or Snowglobe software or Snowglobe Bio cloud based platform in any other publication;
4. attempt to collect information about other registered users or patients by any means whatsoever including but not limited use by email communication or use of the website;
5. upload or submit any data or information that contains viruses or any other computer code, corrupt files or programmes designed to interrupt, destroy or limit the software, network, servers or hardware or other equipment;
6. attempt to gain access to this website in a fraudulent manner;
7. perform any act which may not be considered fair use;
8. use this website or Snowglobe software or Snowglobe Bio in such a way as to offend or interfere with the relevant law set out hereunder or their replacements.

DISCLAIMERS

The use of this website and/or the Snowglobe software and/or the Snowglobe Bio cloud based platform is at your own risk and on an “as is” basis without warranties or representations of any kind.

We shall not be liable for any loss, liability, expense, claim, penalty or damage suffered due to the use of other websites to which a link is provided on our website.

We shall not be liable for unavailability, interruption, downtime, malfunction, or failure of this website and/or the Snowglobe software and/or Snowglobe Bio for any reason whatsoever.

LIMITATION OF LIABILITY

Snowglobe Solutions (Pty) Ltd will be under no obligation whatsoever, nor be responsible to you for any expense, loss, damages or injury of any kind to person or property (including, without limitation, any loss of profit or consequential damages) howsoever sustained or suffered by you, or any third party, arising or incurred in connection with the use of this website and/or the Snowglobe software and/or Snowglobe Bio, by yourself.

To the fullest extent permitted by law, in the event that any or all of the limitations of our liability in these Terms & Conditions of use of the website are found to be unenforceable or invalid by a competent South African court or authority, our cumulative liability to you will not exceed R10,000 (ten thousand rand) under any circumstances whatsoever.

APPLICABLE LAW

These terms and conditions shall be governed in accordance with the laws of the Republic of South Africa inter alia the Health Professions Act No. 56 of 1974 (as amended), the Health Professions Council of South Africa (HPCSA) and its Rules of Ethics, the Protection of Personal Information Act No. 4 of 2013, the Electronic Communications & Transactions Act no. 25 of 2002, the Children’s Act No. 38 of 2005, the National Credit Act No. 34 of 2005, and the Consumer Protection Act No. 68 of 2009. In any event of conflict between this Privacy Policy and the above law, the provisions of legislation will prevail. By completing the User Registration you hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes arising out of or in connection with the Terms and Conditions, the Privacy Policy, the User Registration, the Consent Form and the License Agreement.

GENERAL

All correspondence relating to this website should be addressed to 112 Marie Ave, Parkmore, Johannesburg.

For further information, please contact us at info@snowglobesolutions.com.

Following are lists of sources of information used in the compilation of this software

Books

• Kendall, FP. Et al., Muscles: Testing and Function with Posture and Pain, Fifth Edition, Baltimore, Lippincott Williams & Wilkins, 2005
• PA Houglum, Therapeutic exercise for Musculoskeletal injuries, 3^rd, Human Kinetics, 2010
• LS Pescatello, ACSM’s: Guidelines for Exercise Testing and Prescription, Philadelphia, 9^th Edition, Wolters Kluwer/Lippincott Williams & Wilkins Health, 2014
• Brunker,P. ET al., Clinical Sports Medicine, 5^th Edition, Cambridge, Mc Graw &Hill
• Warmerdam, A. Manual Therapy; Improve muscle and joint function, Pine Pubns,1998.
• Magee, D., Orthopaedic Physical Assessment, Philadelphia, 4^th Edition, Saunders, 2002.
• Myers, TW., Anatomy Trains, 2^nd Edition, Churchill Livingstone, 2008.
• Baechle, TR, Earle, RW., Essentials of Strength Training and Conditioning, Champaign, 3^rd Edition, Human Kinetics, 2008.
• Brunker, P, Khan, K. Clinical Sports Medicine. Revised 3^rd Edition, McGraw-Hill Australia, 2010.
• Brunker, P, Khan, K. Clinical Sports Medicine. 4^th Edition, McGraw-Hill Australia, 2012.