Terms and Conditions | CareFirst Website Use & Legal Information

The Fine Print: Legal Stuff You Should Know

We’re all about keeping things transparent and easy to understand.

Here, you’ll find everything you need to know about how we protect your data, respect your privacy, and comply with healthcare regulations.

Our Documents

Introduction

All information, including but not limited to text, graphics, images (still or moving) and other material contained on this site, is for reference, informational and educational purposes only.

Caution

Whilst all reasonable and foreseeable steps and/or precautions have been taken to ensure the accuracy and safety of the content of this site:

Subject to (and if and to the extent applicable) the South African Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, and to the fullest extent permissible by law, SH Incorporated, trading as Care First (“the Practice”), any and/or all of its shareholders, directors and/or medical /healthcare practitioners associated and/or involved with the Practice and/or any service or product mentioned on this site, their respective affiliates or shareholders, directors, advisers, agents, consultants or employees will not be liable for any personal and/or physical damages whatsoever, including, without limitation, any direct, indirect, special, incidental, consequential (including but not limited to loss of profits) or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this site or the information contained herein.

As the information and/or content appearing on or transmitted through this site does not constitute advice, you, the user, are encouraged to consult with your medical / healthcare practitioner before acting on any such information or content.

Nothing on this site may be construed as an offer by the Practice to you, but merely an invitation to do business.

This site is currently intended for only those who access it from and within the Republic of South Africa. Because of this and the prescriptive nature and import of the healthcare laws of the Republic of South Africa, the Practice cannot guarantee that the site or the information hereon complies with or is appropriate for use in other countries, and as such, it should only be used by persons who access it from and within the Republic of South Africa.

The Practice makes no representation that information, materials, products and/or services made available through or on the site is appropriate or available for use in other countries, and accessing the site from countries where its contents are illegal is strictly prohibited. If you choose to access the site from countries or locations other than the Republic of South Africa you do on your own initiative and are therefore responsible for compliance with your local laws.

Binding Contract

You are encouraged to read these terms and conditions of use carefully before using this site, as the use by you of this site brings into being a legally binding agreement by and between yourself and the Practice upon the terms and conditions set out herein, as contemplated and provided for in the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

Assent

By using this site, you signify your assent to and accept, without modification, these terms and conditions. Your access to and use of this site constitutes your agreement to and acceptance of these terms and conditions. If you do not agree to all of these terms and conditions of use, you are not permitted to use this site! Should you, however, proceed to access the site, with or without reading these terms and conditions, such action will be an indication of and construed as your acceptance of all of these terms and conditions, whether expressed and/or implied herein.

These terms and conditions apply when you visit the site for the first time and thereafter, subject to subsequent changes or amendments hereto, in which case, the latest version of these terms and conditions will apply each time you visit this site. As such, you are encouraged to familiarise yourself with the then prevailing or current terms and conditions each time when using this site as such terms and conditions may have changed from your last visit.

Amendment

The Practice expressly reserves the right, in its sole and absolute discretion, to amend, from time to time, the terms and conditions of use of this site, including but not limited to any prices or charges so quoted. For the avoidance of doubt, the latest version of the terms and conditions, from time to time, will apply at the time as and when you use this site.

No amendment by you of these terms and conditions will be acceptable and/or valid.

A certificate signed by the administrator of this site is prima facie proof (meaning in the absence of proof to the contrary) of the date and content of the latest and any previous versions of these terms and conditions.

Legal Capacity

In using this site you represent and warrant to the Practice that you are of full legal capacity and age (currently 18 (eighteen) years of age), or are emancipated or have your guardian’s consent to enter into a legally binding and enforceable contract, being these terms and conditions of use

Access

The Practice may, in its sole and absolute discretion, remove, alter, modify, supplement and/or restrict access to this site, including but not limited to the services, content, information, software or files appearing on or transmitted through this site, including but not limited to the right to change, suspend or close the site, temporarily or permanently, without giving notice.

The Practice may limit certain services, features or functions and restrict or deny you access to all or parts of any service on and/or to the site itself.

Online Services & Registration

In certain instances you may be required to register with the Practice before you can use certain online services (including products). The Practice may, in its sole and absolute discretion (and judgment), accept or reject your registration without giving reasons therefore.

In certain instances separate terms and conditions of service may apply to specific online services or products. You can read these at the section of this site where the relevant online services and/or products are provided. If there is any contradiction between these terms and conditions and the specific terms and conditions of any online service or product, only those specific terms and conditions will apply.

In order to successfully complete any registration process, you may be required to submit personal information (“registration data”), the use whereof is governed by the Privacy Policy located on this site.

You warrant, to and in favour of the Practice that the registration data you submit is current, accurate and complete.

You authorise and consent to the Practice verifying your registration data and gaining access to relevant information held by third parties which may be reasonably required by the Practice to complete the verification process. For the avoidance of doubt, there will be no obligation on the Practice to undertake a verification of your registration data.

Should you not agree to the verification process or withhold your consent, your membership, if applicable, on or use of the site may be refused, denied, suspended and/or terminated. Similarly, if the verification process is not successful, you understand and acknowledge that the Practice is entitled to block or limit your access to the site and you waive any claims you may have against the Practice, its shareholders, officers, directors, employees, servants, agents and/or contractors arising out of its or their denial of your access to the site.

You understand, acknowledge and accept that access to the site’s functionality may be limited until such time as the verification process has been successfully completed.

Services and/or Products

Your use of any services or products offered on or through this site will be subject to the specific terms and conditions pertaining thereto, as well as these terms and conditions of use, where appropriate. To the extent there is any conflict between the two, the specific terms and conditions will prevail.

You understand and accept that the Practice may amend, in its sole and absolute discretion, from time to time, the prices and charges, as well as the content of any and all services and products, without any notice to you. This the Practice will do by publishing same on the site, together with the impending effective date of any price increase.

Live Information on the Site

Other organisations’ information may be used from time to time on this site. As the Practice has no control over this information it does not and cannot warrant or guarantee that such information is correct or suitable for anything. As such, the Practice is not directly or indirectly responsible for any loss of whatsoever nature or kind that may follow from you relying on such other organisation’s information.

All live information is delayed unless otherwise specifically stated. You should always update or “refresh” your screen to make sure that you are looking at the latest information.

Links to other Websites

This site may from time to time link to other websites or mobisites only as a convenience and the inclusion of any link does not imply the Practice’s endorsement of such sites, services, products or persons. Whilst the Practice uses all reasonable precautions to only link to trustworthy parties or systems it cannot be responsible for any of this other information. Any link to any other information, website, mobisite, person or business, does not mean that the Practice has checked or approved of them.

The Practice gives no warranty about any other website, software or hardware, including their security or performance. You hereby waive (meaning to give-up) any claim you may have against the Practice for any loss or damage of whatsoever nature or kind you may suffer because you link or connect to any other website or mobisite.

Use of Third Party Content

The Practice may, from time to time, in addition to any link, host or provide third party content on the site for your convenience.

The Practice does not, and does not undertake to, review or control any third party websites or mobisites that link to or from the site (nor is it under any obligation to do so). The Practice is not and will not be responsible for the content of any third party site displayed or quoted on or linked to or from the site as the Practice has no editorial control over such content.

Opinions, statements, offers or any other information that may constitute third party content remain that of the third party and not of the Practice, its affiliates or any of their shareholders, directors, officers, employees or agents. The Practice, its shareholders, affiliates, directors, officers, employees or agents do not guarantee the accuracy, completeness and/or usefulness of any third party content.

It is your responsibility to evaluate third party content available on and through the site.

The Practice and its affiliates, and their shareholders, directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on third party content obtained on or through the site. Before making any decision or placing any reliance on third party content provided on or through the site, you should take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you publish any third party content obtained from the site.

Dealings with Third Parties

Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to this site is entirely at your own risk and are solely between you and such third party, including, without limitation, the acquisition, disposal, payment and delivery of any goods, products or services.

You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with those third parties.

The Practice will not be responsible or liable for any damages or loss caused or which you allege the Practice has caused by, arising from or in connection with your interaction, correspondence or business dealings with such third parties – it being specifically understood and accepted, by you, that such third parties are not agents of the Practice.

Permission for linking to this Site

Nobody may create any kind of link or reference to this site without first obtaining the Practice’s written permission, which it may refuse permission or grant it on certain conditions. Links that need permission include hyperlinks (automatic links in text), deep links (that bypass the site’s home page), frames, meta tags or any similar reference, electronic or otherwise.

Any request for linking to this site must be sent to support@care-first.co.za. Whilst every effort will be made to answer as soon as possible, if, however, you do not receive a response, in writing, within 5 (five) business days, it means, unless otherwise agreed to by the Practice, that it has not agreed to your request.

It is likewise expressly prohibited for any person, business, entity. mobisite or website to frame any page on this site, including the home page, in any way whatsoever, without the prior written approval of the Practice.

Searching Technology

The use of non-malicious search technology, such as, but not limited to, “web-crawlers” or “web-spiders”, to search and gain information from this site is not permitted without the Practice’s prior written consent.

Transmission of Information

You acknowledge that information transmitted via the Internet, including without limitation, electronic mail, is susceptible to monitoring and interception. You are accordingly discouraged from transmitting to the Practice any information that may be confidential, proprietary or sensitive.

You will bear all risk of transmitting such information in this manner and under no circumstances will the Practice or any of its associates, shareholders, directors, employees and the like be liable for any loss, harm or damage suffered by you as a result thereof.

The Practice will have the right to request independent verification of any information transmitted electronically and you, by these terms and conditions, authorise and consent to such verification should the Practice deem it necessary.

Any information or material sent to this site will be deemed not to be confidential, unless otherwise agreed in writing by you and the Practice

Security

You are expressly prohibited from gaining or attempting to gain unauthorised access to any page on or part of this site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this site. If you deliver or attempt to deliver any unauthorised, damaging or malicious code to this site or attempt to gain unauthorised access to any page or part of this site a complaint will be laid against you to be criminally charged and, and in the event the Practice suffers any damage or loss, a civil damages claim will be proceeded with against you.

You are solely responsible for maintaining the confidentiality and security of your user name, password and/or account, if and where applicable, accepting full responsibility, accountability and liability for all activities that occur under your name and to this extent:

you are responsible for maintaining and promptly updating the registration data and any other information you provide the Practice, thereby keeping it current, accurate and complete;
if you believe the security of your account has been compromised in any way, you will immediately notify support@care-first.co.za;
if you believe that information or content published on the site infringes on any persons’ rights in any way, you will immediately notify support@care-first.co.za; and/or
you will be held fully responsible for any misuse or compromise to your account which support@care-first.co.za was not properly and timeously notified about.

Code of Conduct

You may not use this site or any of the site’s material for or in conjunction with any illegal, unlawful or immoral purpose or as prohibited by these terms and conditions of use.

You undertake to comply with all the laws, rules and regulations regarding online conduct in the Republic of South Africa and, to the extent you are accessing the site outside of the Republic of South Africa, you are to also comply with the laws, rules and regulations of your country.

In the event that you link to any page on this site or are permitted to frame this site or any of the pages on this site or any part thereof, in any way whatsoever, you:

You undertake to adhere to generally acceptable Internet and electronic mail etiquette. In this regard, without limitation to the examples listed below, you undertake not to:

engage in any abuse of electronic mail or spamming, including (without limitation) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;
engage in any activity intended to entice, solicit or otherwise recruit users of the site to join an organisation except where such activities are expressly authorised, in writing, by the Practice and permitted in terms of the laws of the Republic of South Africa and, if you are accessing the site from another country, the laws also of your country;
take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the products and/or services, including but not limited to phishing;
impersonate any other person or use a false or unauthorised name so as to create a false identity and/or electronic mail address or to misrepresent the origin or identity of any communication to the site and/or its owner;
modify, access or make available any data stored on a computer device which has been accessed through the site;
make available or upload files that contain software or any other material not owned or appropriately licensed to you;
use the site, products and/or services or the site to post or transmit, by means of listings, reviews, comments, suggestions, ideas, questions or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexually explicit or which carries child pornography, religious or racial slurs, racially, ethnically or otherwise objectionable in any way or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
use the site, products and/or services to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
use the site, products and/or services in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others, including (without limitation) the transmission of pirated software;
use the site, products and/or services in any manner which could damage, impair, overburden or disable the site and/or the products and/or services or interfere with any other party's use or enjoyment of the products and/or services;
use the site, products and/or services to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
gather electronic mail addresses and/or names for commercial, political, charitable or like purposes or use the site, products and/or services to collect or attempt to collect personal information about third parties without their knowledge or consent;
violate the privacy of any person or attempt to gain unauthorised access to the site, products and/or services or any other website or network, including (without limitation) through hacking, password mining or any other means;
use the site, products and/or services to engage in any illegal or unlawful activity;
use any robot, spider, other automatic device or technology, or manual process or similar data gathering and extraction tools to monitor or copy portions of the site for any non-personal or commercial use;
use any meta tags or other “hidden text” utilizing the the Practice names or trademarks, without the prior written consent of the Practice;
frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Practice and its affiliates, without the prior written consent of the Practice;
collect or use any listings, descriptions or price lists from the site for the benefit of a competing merchant that supplies products or services comparable to those advertised on the site; and/or
act in any way which may, could or does impose an unreasonable or unusually large load of traffic on the site, or otherwise interferes with its proper and timely functioning.

Should you engage in any one or more of the above practices, the Practice will be entitled, without prejudice to any other rights it may have, to:

without notice, suspend or terminate your access to the site, products and/or services;
charge, invoice and reclaim from you all reasonable costs it has incurred pursuant to or arising from your aforementioned activities, including (without limitation) bandwidth, administration costs, downtime, usage of name or registered domain name; and/or
notwithstanding the Privacy Policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Software and Equipment

It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and access accounts required to safely and securely access the Internet and the site, as well as, to safely download content from the site.

Monitoring of Communications

You hereby, subject to the provisions of the South African Regulation of Interception of Communications Act, 2002 (Act No. 70 of 2002), as amended, consent and permit the Practice to intercept, block, filter, read, delete, disclose and use all and/or any communications you send, transmit to or post on or through the site, as well as any electronic mail accounts or locations associated with the Practice. It being specifically understood that your aforementioned consent satisfies the “writing” requirement prescribed in both of the South African Regulation of Interception of Communications Act, 2002 (Act No. 70 of 2002), as amended, and the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

Intellectual Property Rights & License

Copyright and other rights in respect of all intellectual and/or other property displayed or appearing on or incorporated in this site or the visual appearance thereof, including but not limited to, information, data, documents, texts, illustrations, drawings, images, photographs, visuals, video or audio sequences, animated sequences, graphics, logos and codes are the exclusive property of, belong to and are owned by the Practice or, where so expressly stated, third parties.

Except as specifically provided for on this site or in writing by the Practice, any reproduction, distribution, replication or retransmission of any information, data, document, text, illustration, drawing, image, photograph, visual, video or audio sequence, animated sequence, graphic, logo and/or code contained on this site without the prior written consent of the Practice is strictly prohibited. To the extent written permission is granted by the Practice to any reproduction, distribution, replication or retransmission as contemplated above, same will be for personal use and not for profit, material, commercial or financial gain. All reproductions must be accurate and not used in a misleading context. If any material is being republished the material or issuing it to others, must acknowledge its source, copyright status and date of publication.

Any permission to reproduce the copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holder concerned.

Placing references to this site on other websites or mobisites without the prior written consent of the Practice is strictly prohibited.

This site, its content and the various products, items and designs displayed or appearing hereon are protected by inter alia the South African common law, the South African Copyright Act, 1978 (Act No. 98 of 1978), as amended, the South African Designs Act, 1993 (Act No. 195 of 1993), as amended, The TRIPPS Agreement, The Berne Convention for the Protection of Literary and Artistic Works of 1886, The Paris Convention for the Protection of Industrial Property of 1883 and the Patent Co-operation Treaty of 1970. Any breach of copyright and/or any other infringement of the Practice’s rights will result in the company and its associates having the right to inter alia claim relief by way of damages, an interdict and the delivery-up of the infringing copies or reproductions. In addition, an infringement will constitute a criminal offence resulting in the payment of a fine or imprisonment.

All rights not expressly granted are hereby reserved. Notwithstanding that the Practice grants to you, by means of these terms and conditions, a personal, revocable, non-exclusive, non-assignable and non-transferable license to use, print and display all content, information, software or files on any machine of which you are the primary user for non-commercial purposes, the intellectual property rights in all content, information, services and/or software vesting will continue to vest in the Practice and no right, title or interest in any proprietary material or information contained on this site is granted to you. Nothing on this site is or constitutes a licence (permission) to use any trade mark for any other purpose without first obtaining written permission from the Practice or any other party that has rights to the intellectual property.

You are prohibited from sublicensing, assigning or transferring this license to any person.

Any unauthorised copying and/or sublicensing, or attempt at copying and/or sublicensing, assignment or transfer of this agreement, shall result in the immediate termination of this agreement by and without notice from the Practice.

You are responsible for all the use of the information, content or services accessed through your user account, which may be determined inter alia by cookies, passwords or authentication certificates.

You hereby ratify, guarantee and undertake to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.

You retain your copyright and/or your full right, title and interest in and to the content which you submit to the site which includes, without limitation, comments posted on the site, but such content, where applicable, is, must be and will be deemed to be licensed by you to the Practice for use on the site under a Creative Commons Attribution 2.5 ZA License.

Electronic Communications

By using this site or communicating with the Practice by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”. No term or provision contained in these terms and conditions is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, to any natural person who enters or intends entering into an electronic transaction on or through this site.

Disclaimers

Information, ideas and opinions expressed on this site are general in nature and must not be regarded as specific medical advice. You are solely responsible and strongly advised to seek other professional medical advice before acting on such information, particularly with respect to any specific scenario or set of circumstances.

To the fullest extent permissible by law and subject to the provisions of the South African Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, the Practice disclaims all warranties of any kind, whether express or implied, including, without limitation, fitness for a particular purpose, in respect of this site and any and all information hereon.

without notice, suspend or terminate your access to the site, products and/or services;
charge, invoice and reclaim from you all reasonable costs it has incurred pursuant to or arising from your aforementioned activities, including (without limitation) bandwidth, administration costs, downtime, usage of name or registered domain name; and/or
notwithstanding the Privacy Policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

The Practice does not warrant that:

the functions and/or information contained on this site will meet your requirements or operate in every combination selected by you for use, will be uninterrupted, timely, secure or error free, that any defects or errors will be corrected or that this site or the server that makes it available is free of viruses or other harmful components;
this site or its information will provide specific results from use thereof or any content, search or link within them or that the results that may be obtained from the use of this site will be accurate or reliable;
to the fullest extent permissible under law, your use of this site and reliance on any information, services, products and/or materials available on or procured or accessed through this site is entirely at your own risk;
although all reasonable steps are taken to verify information presented on the site, the Practice does not represent or warrant that any advice, opinion, statement or other information contained in, displayed on, linked to or distributed through this site is applicable to or suitable for application to any specific scenario or set of circumstances - any reliance upon any such opinion, advice, statement or information will be at your sole risk;
the Practice will be entitled, at any time and from time to time, to correct any errors or omissions in any portion or part of this site, including, without limitation, any information; and/or
to the fullest extent permissible by or in law and subject to the provisions of the South African Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended,:

under no circumstances whatsoever, including as a result of any negligent acts or omissions or those of the Practice’s servants, agents or contractors or other persons for whom in law it may be liable, will the Practice or its servants, agents or contractors or other persons for whom in law the Practice may be liable (in whose favour this constitutes a stipulation for the benefit of another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (including without limitation, loss of profits), damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the site or any information, service and/or product hereon or hereof; and/or
no claims or legal action arising out of, or related to, the use of this site, any information, service and/or product hereon or hereof or these terms and conditions of use may be brought by you more than 3 (three) years after the cause of action relating to such claim or legal action arose.

Indemnity

You hereby undertake to indemnify and keep indemnified the Practice and its associates and their respective our shareholders, officers, directors, employees, servants, advisers, agents or contractors or other persons to whom, in law, they may be liable or become liable (in whose favour this constitutes a stipulation for the benefit of another) from and against any loss, damage, liability, claim or demand due to or arising out of your use of this site or your breach of these terms and conditions of use.

Disputes

In the event that any claim, matter or dispute arises between you and the Practice arising out of or in connection with your use of or access to the site such claim, matter or dispute may, at the Practice’s election, be resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the aforementioned Foundation.

A dispute will be deemed to have been referred or subjected to arbitration when either you or the Practice gives written notice to the other of the dispute, demands an arbitration and requests consensus on an arbitrator.

The arbitrator will have the power to give default judgment if either you or the Practice fails to make submissions on the due date therefore and/or fails to appear at the arbitration hearing.

The evidence in the arbitration proceedings and any order made by any arbitrator will and must be kept confidential unless otherwise contemplated in these terms and conditions of use.

Either you or the Practice will be entitled to have an arbitration award made an order of court by a court of competent jurisdiction.

Notwithstanding the above, you or the Practice will be entitled to institute action in any court of competent jurisdiction to obtain urgent interim relief or to collect any outstanding debts due and payable by either you or the Practice. The arbitration provisions of these terms and conditions of use are severable from the rest of these terms and conditions of use and will remain in effect even if these terms and conditions of use are terminated for any reason whatsoever.

General Legal Issues

As this site is controlled, managed and maintained from the Republic of South Africa these terms and conditions of use will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

You irrevocably and unconditionally consent:

If you breach any of these terms and conditions of use, the Practice will be entitled, but not obliged, to immediately, automatically and without notice to you, terminate your use of and access to the site, and/or prohibit your future access to and/or use of the site, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief and/or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising.

Upon termination of these terms and conditions of use, all rights which may have been granted to you pursuant hereto, will immediately and automatically revert to the Practice.

These terms and conditions of use and this agreement will be deemed to have been concluded in Johannesburg at the time you access the site for the first time.

Data messages addressed by you to the Practice will be deemed to have been:

You will be deemed to have received data messages addressed to you by the Practice as prescribed in section 23(b) of the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, namely when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee.

Notwithstanding any other provision of these terms and conditions of use, electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and the Practice.

You warrant that all data messages that you send to the Practice from a computer, Internet Protocol address or mobile device normally used by you, was sent and/or authorised by you personally.

These terms and conditions of use constitute, to the fullest extent permissible by law, prima facie proof (meaning in the absence of further evidence) the whole agreement between you and the Practice relating to your access to and use of this site.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms and conditions of use which the Practice may show, grant or allow you will operate as an estoppel (meaning to prevent or deny the Practice from taking action) against you in respect of its rights under these terms and conditions of use nor will it constitute a waiver by the Practice of any of its rights and the Practice will not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.

Nothing in these terms and conditions of use will create any relationship of agency, partnership or joint venture between you and the Practice and you cannot and hereby undertake not to hold yourself out as our agent or partner or as being in a joint venture with the Practice.

To the extent that any provision of these terms and conditions of use is held to be illegal, invalid or unenforceable for any reason, such provision will be deemed to be pro non scripto (meaning as though it had not been written), but without affecting or invalidating any of the remaining provisions of these terms and conditions of use, which will continue to be of full force and effect.

IMPORTANT NOTICE

This Privacy Policy forms part of and is incorporated into the terms and conditions of and applicable to the website, https://www.care-first.co.za or such other mirrored mobisite or application forming part of or attached to this website (“site”), including but not limited to accessing, browsing and/or using the site.

Please note that the Practice cannot, despite its safeguards and security, guarantee the security of any Personal Information that you disclose on the internet or online.

Please review this Privacy Policy carefully, as your accessing, browsing and/or use of the site will be subject thereto. If you do not accept the terms and conditions of this Privacy Policy, then you are to immediately cease accessing, browsing and/or using the site, failing which you will be deemed to have agreed to have accepted the terms and conditions of this Privacy Policy.

Definitions and Interpretation

References to the word or term:

“ECT Act” means the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.
“Health Acts” means the National Health Act, 2003 (Act No. 61 of 2003), the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Regulations and Guidelines promulgated by the Health Professions Council of South Africa (“HPCSA”) in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended.
“Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the South African Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended (“PoPI”). When referenced to you, it means all information specific to you, that identifies you, provided over the internet.
“the Practice” means SH Incorporated (trading as Drs Holt and Partners ).
“Process” or “Processing” or “Processed” or words of similar nature or meaning, means the creation, generation, communication, storage, destruction of personal information as more fully defined in PoPI.
“you” or the “user” means any person who accesses, uses and/or browses the site, for any purpose.

Status and Amendments

The Practice respects your privacy and will take reasonable measures to protect it, as more fully detailed below.

This Privacy Policy sets out the Practice’s information gathering and dissemination practices on and in respect of the site.

This Privacy Policy governs the Processing of Personal Information provided to the Practice through you accessing, browsing and/or using of the site.

The Practice may, in its sole discretion, amend the terms and conditions of this Privacy Policy from time to time. The version of this Privacy Policy is indicated by the version reference number and effective date referred to above, from which version and date governs the accessing, browsing and/or use of site until the next revision of this Privacy Policy becomes effective.

It is your duty to remain appraised of the prevailing or current version of this Privacy Policy from time to time, as the then prevailing version will apply from time to time.

Why would the Practice collect your Personal Information

The Practice will use your Personal Information only as appropriate in the normal course of business. Your personal information will be collected essentially for the following reasons:

to identify you;
for the Practice to Process your instructions;
to manage any transaction you may have with the Practice;
to comply with the laws of the Republic of South Africa;
to detect fraud; and/or
for direct marketing to you via e-mail, mobile phone or telephone.

The Practice does not permit the selling or providing of Personal Information to third parties for independent use or commercial gain. The Practice may share your Personal Information with its business partners or affiliated companies if that information is required to provide you with the products or services requested by you.

Registration

Should you be required, at any time, to register as a user on the site, you may be required or obliged to provide the Practice with the following Personal Information:

first name and surname;
date of birth or age;
email address;
physical address;
medical aid details;
gender;
marital status;
contact telephone or mobile / cellular number; and/or
username and password.

Should that information change, you are requested to update such information as soon as reasonably possible to enable the Practice to update its records.

You may choose to provide additional Personal Information to the Practice, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

Processing of Personal Information

By providing your Personal Information to the Practice you acknowledge that it has been collected directly from you and consent to and authorise its Processing by the Practice.

Where you submit Personal Information (such as your name, address, telephone number and email address etc.) via the site (e.g. through completing any online form or registration) the following principles will be observed in the Processing of that information:

the Practice will only collect Personal Information for a purpose consistent with the purpose for which it is required, which will be apparent from the context in which it is requested;
the Practice will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed;
Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or the Practice is permitted or obliged in terms of legislation of general application dealing primarily with the protection of Personal Information;
the Practice will keep records of all Personal Information collected and the specific purpose for which it was collected for a period of 12 (twelve) months from the date on which it was last used, save where otherwise required by law;
the Practice will not disclose any of your Personal Information to any third party without your prior written agreement or the Practice is required to do so in law;
if Personal Information is released with your consent the Practice will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 12 (twelve) months from the date on which it was last used; and/or
the Practice will destroy or delete any Personal Information that is no longer needed by the Practice for the purpose it was initially collected, or subsequently Processed.

The Practice will, where required to and as governed by the Rules of the HPCSA and the Health Acts, retain medical records appropriately and safely for periods required in terms thereof.

As permitted by the ECT Act, the Practice hereby advises that it may use your Personal Information, so collected, towards the compiling of profiles for statistical purposes. The information contained in the profiles or statistics will not be able to be linked back to any specific user. In other words, it is deidentified or anonymised data and statistics.

ECT Act

The Practice may use standard technology to collect information about the use of the site, but which will only be for the collection of statistical data.

The Practice may utilise temporary or session cookies to keep track of users’ browsing habits. It is important that it be brought to your attention that a “cookie” is a small file that is transferred or downloaded onto the hard drive of your computer in order to keep a record of your interaction with the site and facilitate your convenience. Cookies, by themselves, will not be used to identify a user, but may be used to compile deidentified or anonymised statistics relating to the use of services or goods offered or to provide the Practice with feedback on the use, efficiency and/or performance of the site.

The following types of information may be collected in respect of users who have enabled cookies:

It is possible to opt out and/or alter the manner in which your browser handles cookies. Please note that, if this is done, certain services and/or products or links on the site may not be available.

Security

The Practice takes reasonable measures to ensure the security and integrity of information submitted to or collected by the site, but cannot, under any circumstances, be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any Personal Information by a third party.

Links to other websites

The Practice has no control over and accepts no responsibility or liability for the privacy practices of any third party websites or mobisites to which hyperlinks may have been provided.

The Practice urges you to review the privacy policy of every website or mobisite you visit before using it.

Children’s Privacy

The Practice will not address or service anyone under the age of 13 (thirteen). The Practice does not knowingly collect personally identifiable information from anyone under the age of 13 (thirteen).

If you are a parent or guardian and you are aware that your child has provided the Practice with Personal Information, please contact the Practice. If the Practice becomes aware that it may have collected Personal Information from anyone under the age of 13 (thirteen) without verification of parental consent, the Practice will take steps to remove that information from its servers. If the Practice needs to rely on consent as a legal basis for Processing your information and your country requires consent from a parent, the Practice will have the right and may require your parent’s consent before it collects and uses that information.

Cookie policy

A cookie is a small piece of data sent from sites or applications to your computer or device hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on a website, mobisite or applications and may improve your experience on the sites or applications. The cookie will also identify your device, like the computer or smart phone.

By accessing and using the Practice’s sites or applications you agree that cookies may be forwarded from the relevant site or application to your computer or device. The cookie will enable the Practice to know that you have visited the site or application before and will identify you. The Practice associates, cessionary, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors and suppliers) may also use the cookie to prevent fraud and for analytics.

Queries

If you have any queries about this Privacy Policy and the Cookie Policy please contact the Practice by emailing it on: support@care-first.co.za

PoPI

The following statements are made to comply with PoPI.

Introduction

In addition to the Privacy Policy above, where reference is made to “Process”, it means how the Practice collects, uses, stores, makes available, destroys, updates, discloses, or otherwise deals with Personal Information. As a general rule, the Practice will only process this Personal Information if it is required to deliver or offer a service, provide a product, carry out a transaction or obligation in a contract.

The Practice may combine this Personal Information and use the combined Personal Information for any of the purposes stated in the above Privacy Policy.

If you use the Practice’s other services, goods, products and service channels you agree that the Practice may Process this Personal Information as explained in the Privacy Policy.

By accessing and using the site you provide the Practice with consent to Process this Personal Information.

The Practice is considered a global organisation operating and trading ostensibly in the Republic of South Africa and, as such, the Privacy Policy will apply to the Processing of Personal Information by any natural person globally.

If the Practice Processes Personal Information for another party under a contract or a mandate, the other party’s privacy policy will apply to the Processing of such information.

The Privacy Policy establishes a general standard for the appropriate protection of Personal Information within the Practice’s environment, whilst also acknowledging the rights of individuals to privacy and to reasonable safeguards of their Personal Information.

Scope

All of the Practice’s employees, contractors, consultants, temporary and other workers, including all personnel affiliated with third parties should adhere to the Privacy Policy. The Privacy Policy applies to information, assets owned or leased by the Practice, or to devices that connect to the Practice’s network or reside at a Practice site.

Policy Statement

What is personal information?

Personal Information refers to any information that identifies you or specifically relates to you, or the Practice’s employees, as the case may be, that is Processed. Personal Information includes, but is not limited to, the following information about you and/or the Practice’s employees, as the case may be:

Marital status
National origin
Age
Language
Birth place
Education
Relevant financial history
Identifying number (like an employee number, identity number or passport number)
E-mail address;
Physical address (like residential address, work address or your physical location);
Telephone number
Biometric information (like fingerprints, signature or voice)
Race; gender; sex; pregnancy status; ethnic origin; social origin; colour; sexual orientation;
Physical health; mental health; well-being; disability; religion; belief; conscience; culture;
Medical history; criminal history; employment history;
Personal views, preferences and opinions;
Another’s views or opinions about you;
Full names and initials.

When will the Practice Process your Personal Information?

The Practice will only process Personal Information for lawful purposes relating to its business if the following applies:

If you have consented thereto;
If a person legally authorised by you, the law or a court, has consented thereto;
If it is necessary to conclude or perform under a contract the Practice has with you;
If the law requires or permits it; and/or
If it is required to protect or pursue your, the Practice’s or a third party’s legitimate interest.

What is special Personal Information?

Special personal information is personal information about the following:

Race (where reports to the Department of Labour for statistical information is requited);
Ethnic origin;
Trade union membership;
Health (for an insurance policy);
Biometric information (to verify identity); and/or
Criminal behaviour and alleged commission of an offense.

When will the Practice process your special Personal Information?

The Practice may process your special personal information in the following circumstances:

If you have consented to the processing;
If the information is being used for any Human Resource or payroll related requirement;
If the processing is needed to create, use or protect a right or obligation in law;
If the processing is for statistical or research purposes and all legal conditions are met;
If the special personal information was made public by you; and
If the processing is required by law.

When and from where the Practice obtains Personal Information about you?

The Practice collects Personal Information from you directly.
The Practice may collect Personal Information from a public record or if you have deliberately made the information public.
The Practice may collect personal information from third parties that are directly integrated with the site’s software platform.
The Practice may collect information about you based on your use of its products, services or service channels.
The Practice may collect information about you based on how you engage or interact with the Practice, such as via emails, letters, telephone calls and surveys.
The Practice may collect Personal Information from completed forms, such as contact and billing information - If the law requires the Practice to do so, it will ask for your consent before collecting Personal Information. The third parties from whom the Practice may collect your Personal Information include, but are not limited to, the following:

the Practice’s partners, affiliates and associates, as well as other bureau or channel partners or connected companies, subsidiary companies, cessionaries, delegates, assigns, or successors in title and/or appointed third parties (like its authorised agents, partners, contractors and suppliers) for any of the purposes identified in the Privacy Policy;
your employer and fellow employees or you directly;
your spouse, dependents, partners, and other similar sources;
people you have been authorised to share your Personal Information, like a person that makes a travel booking on your behalf or a medical practitioner for insurance purposes;
attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements;
payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like EFT transaction partners;
insurers, brokers, other financial institutions or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims and other related purposes;
law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities;
trustees, executors or curators appointed by a court of law or otherwise in accordance with the law;
the Practice’s service providers, agents and sub-contractors, like couriers and other persons it uses to offer and provide products and services to you; and/or
courts of law or tribunals.

What are the reasons the Practice needs to Process your Personal Information?

The Practice may need to Process your Personal Information for the following reasons:

to provide you with products, goods and services;
to market our products, goods and services to you;
to respond to your enquiries and complaints;
to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests
to conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk;
to develop, test and improve products and services for you;
for historical, statistical and research purposes, like market segmentation;
to process payment instruments;
to create, manufacture and print payment advice;
to enable us to deliver goods, documents or notices to you;
for security, identity verification and to check the accuracy of your personal information;
to communicate with you and carry out your instructions and requests;
for customer satisfaction surveys and promotional offerings;
to enable you to take part in and make use of value-added products and services;
to assess any and all risks; and/or
for any other related purposes.

What are the reasons the Practice needs to Process your Personal Information?

The Practice may use your Personal Information to market its services, as well as related products and services to you.

The Practice may also market non-banking or non-financial products, goods or services to you.

The Practice will do this in person, by post, telephone, or electronic channels such as SMS, Whatsapp and email.

If you are not a customer, patient or client, or in any other instances where the law requires, the Practice will only market to you by electronic communications with your consent.

In all cases, you can request the Practice to stop sending marketing communications to you at any time.

When, how and with whom may the Practice share your Personal Information?

In general, the Practice will only share your Personal Information if any one or more of the following apply:

If you have consented to this;
If it is necessary to conclude or perform under a contract the Practice has with you;
If the law requires it;
If it’s necessary to protect or pursue your, the Practice’s or a third party’s legitimate interest. Where required, each shareholder of the Practice may share your Personal Information with the following persons, who, together with its and their associates, cessionary, delegates, assigns, affiliates or successors in title and/or appointed third parties (like its authorised agents, partners, contractors and suppliers) have an obligation to keep your Personal Information secure and confidential –

The Practice’s employees, as required by their employment conditions;
Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements;
Payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like third party EFT service providers;
Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities and other persons the law requires us to share your Personal Information with;
Service providers, agents and sub-contractors like couriers and other persons the Practice uses to offer and provide products and services to you;
Persons to whom the Practice has ceded its rights or delegated its obligations to under agreements, such as the sale of a business;
Courts of law or tribunals that require the Personal Information to adjudicate referrals, arbitrations, actions or applications;
Trustees, Executors or Curators appointed by a court of law or in accordance with the law;
Participating partners in customer loyalty reward programmes, where you purchase goods, products and services or spend loyalty rewards; and/or
The Practice’s joint venture and other partners with whom it has concluded business agreements, for your benefit.

Under what circumstances may the Practice transfer your Personal or other information to other countries?

The Practice will only transfer your Personal Information to third parties in another country in any one or more of the following circumstances:

Where your Personal Information will be adequately protected under the other country’s laws or an agreement with the third party recipient;
Where the transfer is necessary to enter into or perform under a contract with you, or a contract with a third party that is in your interest;
Where you have consented to the transfer; and/or
Where it is not reasonably practical to obtain your consent, the transfer is in your interest. This transfer will take place within the requirements and safeguards of the prevailing law. Where possible, the party Processing your Personal Information (in the other country) will agree to apply the same level of protection as available by law in South Africa (if in South Africa) or your country of residence (if outside South Africa) or if the other country’s laws provide better protection the other country’s laws would be agreed to and applied. An example of transferring your Personal Information to another country is where foreign payments take place if you purchase goods or services in a foreign country, or request that the Practice facilitates payments in those countries.

What are your duties and rights about the Personal Information the Practice has about you?

You must provide proof of identity when enforcing the rights;
You must inform the Practice when your personal information changes. Please refer to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), as amended and the Practice’s Manual (PAIA Manual) for further information on how you can give effect to the rights listed below;
You have the right to request access to the Personal Information the Practice has on you by contacting the Practice. This includes requesting: ·

The Practice will attend to requests for access to Personal Information within a reasonable time;
You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties;
The Practice will inform you of the fee before attending to your request;
Please note that the law may limit your right to access information;
You have the right to request the Practice to correct or delete the Personal Information the Practice has about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or the Practice is no longer authorised to keep it;
You must inform the Practice of your request in writing. Please refer to our PAIA Manual for further information in this regard, in particular, the process you should follow to give effect to this right;
It may take up to 15 (fifteen) business days for the change to reflect on the applicable system;
The Practice has the right, but not the obligation, to request documents from you to verify the change in Personal Information;
A specific agreement that you have entered into with the Practice may determine how you must change your Personal Information provided at the time when you entered into the specific agreement;
Please adhere to these requirements. If the law requires the Practice to keep the Personal Information, it will not be deleted upon your request. The deletion of certain Personal Information may lead to the termination of your relationship with the Practice;
You may object on reasonable grounds to the Processing of your Personal Information;
The Practice will not be able to give effect to your objection if the Processing of your Personal Information was and is permitted by law; you have provided consent to the Processing and the Processing was done according to your consent or the Processing is necessary to conclude or perform under a contract with you;
You must inform the Practice of any objection in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right;
Where you have provided your consent for the processing of your Personal Information, you may withdraw your consent. If you withdraw your consent the Practice may explain the consequences to you. The Practice may proceed to Process your Personal Information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 (fifteen) business days for the change to reflect on the system, during this time the Practice may still Process your Personal Information.
You have a right to file a complaint with the Practice or any Regulator with jurisdiction about an alleged contravention of the protection of your Personal Information. The Practice will address your complaint as far as possible.

How will the Practice secure your personal information?

The Practice will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices. The security measures (including physical, technological and procedural safeguards) will be appropriate and reasonable, and include the following:

Keeping the system secure (like monitoring access and usage);
Storing records securely;
Controlling the access to buildings, systems and/or records;
Safely destroying or deleting records; and/or
Ensuring compliance with international security standards.

How long will the Practice keep your Personal Information?

The Practice will keep your Personal Information for as long as:

The law requires the Practice to keep such information;
A contract between you and the Practice requires it to keep such information;
You have consented to the Practice keeping such information;
The Practice is required to keep such information to achieve the purposes listed in the Privacy Policy;
The Practice requires such information for statistical or research purposes;
A code of conduct requires the Practice to keep such information; and/or
The Practice requires such information for its lawful business purposes .Note: The Practice may keep your Personal Information even if you no longer have a relationship with it, for the historical data that may be required by your employer or an employee,

whichever is the later.

PLEASE TAKE A MOMENT TO READ

PLEASE TAKE A MOMENT TO READ THE TERMS AND CONDITIONS OF THIS AGREEMENT TO UNDERSTAND HOW ITS TERMS AND CONDITIONS APPLY TO YOU. THIS AGREEMENT PERTAINS TO YOUR USE OF THE PLATFORM AND VIRTUAL HEALTH SERVICES PROVIDED ON AND THROUGH THIS PLATFORM

Important

First Care Solutions Proprietary Limited (“FCS”) is not a medical practice; it is a medical administration and services company, rendering administration services to emergency practices and various healthcare and/or medical platforms.

The virtual health services to be rendered under and/or pursuant to this Agreement:

The terms and conditions of the virtual health services or service terms and conditions, as provided for on the website https://www.care-first.co.za are hereby incorporated by reference, meaning those terms and conditions form part of this Agreement, as and where applicable. PLEASE CLICK HERE TO READ THE VIRTUAL TERMS AND CONDITIONS.

The FCS website terms and conditions and its cookies and privacy policies likewise apply to the virtual health services provided under or pursuant to this Agreement, and, as such, are hereby incorporated by reference, meaning they form part of this Agreement, as and where applicable. PLEASE CLICK HERE TO READ THE FCS WEBSITE’S / MOBISTE’S TERMS AND CONDITIONS.

Questions

If you have any questions regarding this Agreement or the virtual health services, please do not hesitate to contact FCS. It is your responsibility to seek clarification on any term or condition before accepting this Agreement and using the Platform.

Multiple Applications - Structure and Form of the Agreement

These terms and conditions apply to the virtual health services offered through the various specified virtual platforms, including but not limited to the Platform and platforms linked thereto.

This Agreement comprises a set of standard terms and conditions that apply to the virtual health services across the different platforms. Not every provision may apply to each platform – it is important for you to read and understand the application of each of the other terms and conditions in their specific context, where and if applicable.

Website Virtual Platform

When using the FCS website, this includes all pages on the domain and subdomains of www.care-first.co.za.

WhatsApp Virtual Platform

On the WhatsApp virtual platform, this Agreement encompasses all WhatsApp and SMS communication between you, FCS and SH Inc, along with the agreement or terms and conditions page that must be read and accepted.

Telephonic Virtual Platform

This Agreement includes all telephonic and SMS communication on the telephonic virtual platform between you, FCS and SH Inc, together with their terms and conditions page, if and where applicable.

Requirements to Proceed – Binding legal agreement

By clicking the “ACCEPT” tab on the Platform or replying “YES” on the WhatsApp virtual platform or booking a telephonic consultation, you:

agree to the terms and conditions outlined above and below.
undertake to pay the subscription fees for the virtual health services rendered or to be rendered, where applicable.
undertake to complete all required details before proceeding to a consultation or making use of any of the virtual health services.
agree to such action constituting your electronic signature to this Agreement.
agree to a legally binding and enforceable agreement being established between FCS and yourself, based on the terms and conditions outlined in this Agreement.
hereby accept and agree to:

the terms and conditions of the virtual health services or service terms and conditions, as provided for on the website www.care-first.co.za; and, as such,
accept and agree to a legally binding agreement being entered into by and between SH Inc and yourself, thereby creating a doctor-patient relationship by and between you and the healthcare practitioner of SH Inc in terms of the SHI Virtual Health Services Agreement. (PLEASE CLICK HERE TO READ THE VIRTUAL TERMS AND CONDITIONS);

Failure to complete the required information and agree to the terms and conditions of the SHI Virtual Health Services Agreement will prevent you from proceeding to a consultation or making use of the virtual health services, as the case may be.

Regulatory Issues & Compliance

Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended (“CPA”)

The CPA applies to this Agreement for anyone classified as a “consumer” under the CPA. Nothing within this Agreement unlawfully restricts, limits, or avoids any rights or obligations created by the CPA. Consequently, any restrictions, limitations, or disclaimers in this Agreement will not diminish any liability or modify any rights as a consumer that cannot be excluded under the CPA.

If any clause, term, or condition of this Agreement contradicts the CPA, it will not apply in that regard. Therefore, all clauses, terms, and conditions are qualified to ensure compliance with the CPA.

In accordance with the CPA, this Agreement may emphasize certain words through different colours, bold print, capitalization, underlining, or italics to draw attention to their significance. These highlighted terms and conditions may limit or create risk or liability, require, or provide indemnification, surety, or guarantee, or acknowledge certain facts. Please carefully consider and note these terms and conditions as they are essential.

Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended (“ECT Act”) & Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended (“PoPI Act”)

This Agreement, along with the virtual health services, communication, data transfer, and electronic methods used for data collection, processing, and storage, are subject to the ECT Act and the PoPI Act. As a “supplier” under the ECT Act, both FCS and SH Inc have provided the required supplier information on the Platform or their respective websites as required by the ECT Act.

Healthcare

SH Inc, along with its medical and healthcare practitioners, operates under the jurisdiction of various regulatory bodies, including but not limited to, the Health Professions Council of South Africa (“HPCSA”) pursuant to and in accordance with the National Health Act, 2003 (Act No. 61 of 2003), the Health Professions Act, 1974 (Act No. 56 of 1974), as amended (“HPA”), and the Regulations and Guidelines issued by the HPCSA in accordance with the HPA.

Important and Material Doctor and Patient Provisions

The virtual health services are not intended to replace in-person consultations.

You are strongly advised to seek immediate medical attention if your condition persists, deteriorates, or worsens after using the virtual health service.

You should be aware of potential technological limitations of the Platform and the specific virtual health service, such as and including, but not limited to, power outages, load shedding, internet failures, or data interruptions.

Virtual Health Services

The virtual health services on the Platform comprise B2B (Business to Business) and/or B2C (Business to Consumer) offerings.

B2B Offering

The B2B Offering is in terms of an agreement by and between the Corporate Member and FCS, in terms of which the Corporate Member’s customers will be entitled to subscribe (“B2B Subscriber”) for an Individual or Family Subscription, as the case may be, through the Corporate Member as a product offering or benefit of such Corporate Member.

If you are a B2B Subscriber, you will pay the Corporate Member your Subscription Fees for the Individual or Family Subscription you subscribed for.

The Corporate Member will be responsible and liable to pay FCS the Subscription Fees for each of its B2B Subscribers in accordance with the Platform Services Agreement by and between the Corporate Member and FCS.

The B2C Subscribers will subscribe and pay for tokens, which will entitle the holder of the tokens to redeem the prescribed number of tokens per virtual health service used. The B2C Subscriber Offering is a fee or token for service offering, with tokens being redeemed upon use of the specific virtual health service. The number of tokens per virtual health service shall be as prescribed on the Platform.

B2C Offering

The B2C Offering entitles non-B2B Subscribers (“B2C Subscribers”) the opportunity to subscribe for an Individual or Family Subscription, as the case may be, directly from FCS.

Doctor’s Fees and Charges

FCS will be responsible to pay SH Inc for the number of virtual health services used by:

Tokens

Save as otherwise provided for in these terms and conditions, the tokens purchased by the B2C Subscribers are non-transferable, non-refundable, and have no cash value. Any unused tokens will expire after 12 (twelve) months of issuance.

Bundled Services

Bundled services or products may be offered by FCS from time to time at a discounted rate. Bundles are subject to the specific terms and conditions outlined at the time of purchase. It is important to review these additional terms before making a purchase as refunds or exchanges for bundles may be limited.

Subscription Plans

Subscription plans for access to premium features or ongoing services may be offered from time to time. Subscriptions are billed on a recurring basis, as specified during the subscription set-up. You can manage your subscriptions through the app settings.

FCS may modify subscription pricing or features with notice to you if and to the extent you have outstanding tokens.

Refunds discretionary

Notwithstanding the aforegoing, refunds for virtual health services, bundles, or subscriptions may be granted under certain circumstances, as determined by FCS in its sole discretion. Refund requests must be submitted in writing via email to billing@care-first.co.za and will be reviewed on a case-by-case basis.

If a refund is approved, FCS will process the refund using the same method of payment originally used by the B2C Subscriber. Refunds will typically be processed within 30 business days.

If you are a B2C Subscriber, you can cancel your subscriptions at any time through the app settings in accordance with and subject to the terms of cancellation. Upon cancellation, access to premium features or ongoing virtual health services will continue until the end of the current billing cycle. No pro-rated refunds will be issued for partial billing periods.

FCS may, at any time and from time to time, modify or discontinue any virtual health service, bundle, or subscription offering to B2C Subscribers. In such cases, you will be given notice, and options, including refunds or alternative services, will be offered where applicable.

Interruptions

In the event a virtual health service consultation is interrupted or disrupted due to a technical issue beyond your control, such that the virtual consultation is not able to be successfully completed because you were unable to reconnect to the virtual consultation, FCS will credit you with the equivalent number of tokens for that specific virtual consultation. These tokens will be added to your Platform account and can be used for future virtual health consultations or other services offered through the Platform.

If you experience an interruption during a virtual consultation you are encouraged to report the issue to FCS’s support team at support@care-first.co.za.

Representation and Warranties

You hereby represent, declare and warrant the following with respect to the condition you seek advice for from SH Inc:

you have no existing doctor-patient relationship for the condition at hand.
you are not under active treatment with another healthcare practitioner for the condition at hand.
you are not receiving any other treatment or medication for the condition at hand.
you have chosen SH Inc to establish a doctor-patient relationship, particularly for the specific condition at hand.
you will provide all relevant information to SH Inc.
you have intentionally selected an electronic or virtual consultation, creating a virtual healthcare setting and doctor-patient relationship.
you are and will be within the borders of the Republic of South Africa during the virtual consultation.
you consent to FCS recording the virtual consultation.
you are giving your informed consent as required by applicable laws.

General Terms and Conditions

Definitions

The following definitions apply to these terms and conditions:

Agreement: refers to this agreement established electronically, encompassing these terms and conditions, as well as the terms and conditions on the associated electronic pages, messages, texts, and links (where applicable).
Corporate Member: means the corporate entity entering into a Platform Services Agreement with FCS for the virtual health services facilitated by FCS and to be provided by SH Inc in terms of this Agreement.
Platform: means the electronic method, virtual facility, or system over which the virtual health service is offered or is intended to be provided and includes the FCS Website Virtual Platform, FCS WhatsApp Virtual Platform, the SH Inc Website Virtual Platform and the SH Inc WhatsApp Virtual Platform, the FCS Telephonic Virtual Platform and/or the SH Inc Telephonic Virtual Platform, as the case may be.
Service Address: Your physical and electronic mail address, as recorded on the relevant electronic pages of the Platform or as otherwise supplied on the Platform or the Telephonic Virtual Platform, as applicable.
virtual health service/s: means the virtual doctor consultations and AI wellness screenings rendered or to be rendered on and through the Platform.

ECT Act and CPA Required Information

Relationship with the Platform

The Platform is owned and managed by a separate, independent legal entity. This entity has implemented necessary security and confidentiality measures to process, store, and safeguard your health and personal information. You can find the corporate details of the owner and manager of the Platform on https://www.care-first.co.za.

Commitment, Complaints, and Compliments

FCS is committed to delivering efficient and professional virtual health services. If you have any complaints, you can contact FCS via the provided email address.

For complaints related to ethical or professional matters concerning SH Inc or its healthcare practitioners, they may be addressed to SH Inc at info@shihealthcare.co.za or to the Health Professions Council of South Africa:

Contact and Communications

FCS is hereby authorized to contact and communicate with you using various communication methods. These may include telephonic or mobile communication, SMS (short message services), WhatsApp or Telegram text messaging or similar services, Facebook Messenger, electronic mail, postal service, courier service, PostNet, and/or hand delivery. The choice of communication method is at the sole discretion of FCS.

Copy of this Agreement

You have the right to request and receive an electronic PDF copy of this Agreement.

Availability of and Access to the Platform and Virtual Health Services

Access to the Platform and the virtual health services is contingent on availability and is provided only within the Republic of South Africa.

In addition to the disclaimer below, FCS does not represent or warrant, whether implicitly or otherwise, that:

you will have access or continued access to the Platform or the virtual health services for the entire duration of the virtual health service or that such access will be uninterrupted.
the Platform or the virtual health service or the connection to the SH Inc healthcare practitioner will always be available, suitable for any purpose, secure, and reliable.
the virtual health service will strictly adhere to its delivery timelines or exact booking time slots, as the case may be.

Notwithstanding the above, FCS will make every effort to ensure the availability of the virtual health service during the allotted timeslot (for a virtual consultation) and maintain availability and continuity, subject the following conditions:

the continuous supply of electricity from the national electricity grid and the operational status of the internet, without power outages, power loss, load shedding, or other malfunctions.
is provided on an "as is" and "as available" basis.
is provided in good faith based on the information provided by you to the healthcare practitioner.

Pricing, Fees, and Costs

All prices, fees, and costs are:

as prescribed from time to time on the Platform for B2C Subscribers; or
as prescribed and agreed to from time to time in the Platform Services Agreement with the respective Corporate Members for B2B Subscribers;
as quoted in South African Rand;
applicable and effective only within the Republic of South Africa; and
as at the stated time.

The Subscription Fees and costs do not cover the expenses related to medication, equipment, and other specialists involved in your medical treatment and care.

Reservation of Rights

FCS reserves the right to discontinue or modify prices, fees, costs, and product and service specifications without prior notice, save for and subject to any arrangement with its Corporate Members with respect to the B2B Subscribers.

Virtual Health Services Limitation

Currently, the virtual health services are limited and restricted to primary healthcare.

English Language for Correspondence, Notices and Legal Proceedings

All correspondence, notices, legal actions, and court proceedings relating to or arising by virtue of this Agreement will be conducted in the English language.

Service Address

You select your contact and service details as the Service Address provided by you on the applicable electronic page of the Platform or as otherwise specified on the WhatsApp Virtual Platform or the Telephonic Virtual Platform.

You undertake to promptly notify FCS of any changes in your contact details and Service Address.

You consent to the service of any and all legal proceedings by a legally recognised platform, electronic mail, courier service, or any other legally permissible manner. FCS also consents to service in the same manner.

Read Receipt as Proof

All email communications between the parties to this Agreement must use the “read receipt” function to serve as proof of email receipt.

Jurisdiction

You hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa, including the appropriate Magistrates’ or High Court with jurisdiction, for any disputes or matters arising from this Agreement or the virtual health services.

Collection/Legal Costs & Expenses

You will be responsible for paying all collection and legal costs, fees, and disbursements incurred by FCS for demanding, claiming, collecting, or initiating legal proceedings for amounts owed to FCS arising from this Agreement. This includes tracing costs, debt collector’s fees and commissions, as well as FCS’s attorney’s and advocate’s fees and disbursements on the attorney and own client scale.

Cession of Claim

FCS retains the right to cede its rights to demand, recover, claim, or receive any monies owed to it by you without notifying you. You may not cede, delegate, assign, or transfer any of your rights and obligations under this Agreement to any other person.

Disclaimers

Use of the Platform and the virtual health services is entirely at your risk.

FCS makes no representations or warranties of any kind, whether express or implied.

Whilst FCS strives to provide the best possible service, it cannot and does not guarantee that the Platform and/or the virtual health services will be:

Exclusion of Liability and Indemnity

FCS accepts no liability for any direct, indirect, incidental, special, or consequential loss or damage of any kind arising from the access or use of the Platform and/or the virtual health service or the purchase of any other products or services.

Unless there is gross negligence or wilful misconduct, FCS shall not be liable for any injury, liability, loss, damage, cost, or expense sustained or suffered by you and/or any other person arising from:

the virtual health services rendered by SH Inc's healthcare practitioners or any omission thereof.
the use of or reliance on the Platform, including but not limited to the website, the WhatsApp bot, the electronic mobile app, or telephonic connectivity, including the inability to use them.
any linked sub-processor, third-party website, mobile app, device, equipment, or telephonic system.

You hereby:

hold FCS, SH Inc and its Medical Practitioner harmless and indemnify them against any damages and losses incurred as a result of virtual health services rendered or omitted to be rendered and from the use of the Platform.
waive any and all claims against FCS, SH Inc and its Medical Practitioner for damages and losses incurred as a result of the virtual health services rendered or omitted to be rendered and from the use of the Platform.

This waiver is effective unless there is gross negligence or wilful misconduct on the part of FCS, SH Inc or the Medical Practitioner.

Limitation of Liability

Notwithstanding any other provision in this Agreement, to the extent permitted by law, the liability of FCS, SH Inc and the Medical Practitioner, as the case may be, arising from any breach of this Agreement, negligence, or otherwise shall not exceed more than double the monetary value of any amount paid by the B2B Subscriber or the B2C Subscriber for the virtual health service in any 12 month cycle.

Patient Records

If you are the patient of SH Inc, all your patient records will be and remain the property of SH Inc and will only be released in terms of the SHI Virtual Health Services Agreement by and between SH Inc and you or the patient, as the case may be.

Disclosure of Medical Information

If you are the patient of SH Inc or the patient’s guardian, the guarantor, and/or responsible person, as the case may be, you will be required to, amongst others, authorize:

the use and disclosure of patient medical information to the relevant medical aid scheme and/or other insurers, if applicable, or other medical colleagues involved in the treatment and rendering of allied healthcare or medical services.
SH Inc keeping a physical hard copy and/or an electronic copy of your or the patient's medical record on file.
the processing, use, and storage of the patient's medical and personal information, as well as the personal information of the patient’s guardian, guarantor, and/or responsible person, as applicable or necessary in the circumstances.
SH Inc to obtain medical information on you or the patient as necessary for diagnosis and/or treatment, which may include ICD 10 diagnostic codes and clinical information.

Privacy of the Patient's Medical and Personal Information

All patient medical and personal information will generally be kept private and confidential. Notwithstanding the aforegoing, information may be released in response to a specific request by a court order, subpoena, law enforcement agency, or as otherwise required by law.

Informed Consent

You, the patient and/or the patient’s guardian will be given information by the SH Inc healthcare practitioner prior to treatment, as per the terms and conditions of the SHI Virtual Health Services Agreement by and between SH Inc and the patient, the patient’s guardian, guarantor, and/or responsible person, as may be applicable or necessary in the circumstances.

Please note that there will be no obligation on FCS, SH Inc and/or the healthcare practitioner to follow up on your or the patient’s reaction to the virtual health service.

Important Obligations

You or the patient and/or guardian must:

disclose all relevant information about your or the patient's current health and past medical history, including allergies and other conditions.
make necessary inquiries during the virtual consultation.
inform FCS and SH Inc of any relevant changes to personal, medical, and/or financial information or circumstances.

Confirmation

You confirm that you:

have the financial means to pay the fees, costs, and charges upon receiving an invoice.
have voluntarily chosen this product, the virtual health service and SH Inc.
have read and understood the terms of this Agreement, including your financial commitment, indemnity, exclusion of liability, and the obligation to make payment.
have had the opportunity to review these terms and conditions.
are signing this Agreement voluntarily without pressure.
understand and accept that this Agreement is legally binding on you.
are at least 18 years of age and legally capable of entering into this Agreement.

Excussion, Set-Off or Counter-Claim

You do not have the right to defer, adjust, withhold, or apply set-off to any payment due under this Agreement and hereby waive your common law rights of set-off to the extent not prohibited by the CPA, ECT Act and/or the PoPI Act., as the case may be.

Conflict with the Law & Severability

If any provision in this Agreement conflicts with the laws of South Africa, it will be amended strictly to comply and not be in conflict with the laws of South Africa. If any provision is held invalid, illegal, or unenforceable, such provision will be severed from this Agreement with the remaining provisions continuing to be of full force and effect.

Value Added Tax ("VAT")

Unless stated otherwise, all amounts are exclusive of VAT. VAT, if applicable, will be added to the amount/payment and paid by you. VAT will be charged at the prevailing rate on all products and services. The payor of the invoice can request a VAT invoice.

Electronic Messaging

You hereby consent to electronic messages being sent to you for various purposes, including invoices and communication regarding your account, records, and promotions.

Entire Agreement

Save for the agreement by and between you and SH Inc, this Agreement represents the complete agreement between FCS and yourself relating to the subject matter and constitutes, where and if applicable, written informed consent.

PLEASE TAKE A MOMENT TO READ

PLEASE TAKE A MOMENT TO READ THIS AGREEMENT TO UNDERSTAND HOW ITS TERMS AND CONDITIONS APPLY TO YOU, THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, WHEN USING THE VIRTUAL PLATFORM AND THE VIRTUAL HEALTH SERVICES.

QUESTIONS

If you have any questions regarding this Agreement or the Virtual Health Services, please click here to contact the Practice, as it is the responsibility of the Patient, the Guardian, the Guarantor or the Responsible Person, as the case may be, to ask the Practice to explain any term or condition before accepting this Agreement and its terms and conditions, the Virtual Health Service and accessing and using the Virtual Platform and the Practice’s website.

MULTIPLE APPLICATIONS - STRUCTURE AND FORM OF THE AGREEMENT

These terms and conditions apply to you, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, for the Virtual Health Service rendered by the Practice through, on and/or by means of any one of the applicable Virtual Platforms, which includes the Practice’s Website, WhatsApp Bot or Telephonic facility. As such,:

Website Virtual Platform

By way of explanation, this Agreement, on the Website Virtual Platform, comprises:

the Landing Page;
the Booking Details Page, split as to the manner in which the Patient is being attended, namely as a Medical Aid Patient or a Private Patient, which requires the Patient, the Guardian, the Guarantor or the Responsible Person, as the case may be, to complete the requisite payment details;
the Patient Details Page, which requires the Patient, the Guardian, the Guarantor or the Responsible Person, as the case may be, to complete the Patient's personal details;
the Guardian's Details Page, which requires the Guardian to complete his or her personal details (which completion is only required if the Patient is a minor or under the legal guardianship of the Guardian);
the Guarantor's or Responsible Person's Page, which must be completed by the person who is responsible for the payment of the Practice's fees, costs and charges - if the Patient is also the Responsible Person or Guarantor, click on the red button with the words "SAME AS PATIENT" thereon and the Patient's personal details will be automatically populated, with only the details of the medical aid scheme requiring to also be completed (if applicable);
this Agreement or Terms and Conditions Page, which must be read and accepted by the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be; and
the Thank you Page, signifying the Practice's counter signature or acceptance of this Agreement.

WhatsApp Virtual Platform

By way of explanation, this Agreement, on the WhatsApp Virtual Platform, comprises each of the WhatsApp messages and SMS texts by and between the Practice and the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be, as well as this Agreement or Terms and Conditions Page, which must be read and accepted by the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be.

Telephonic Virtual Platform

By way of explanation, this Agreement, on the Telephonic Virtual Platform, comprises each of the telephonic messages and SMS texts by and between the Practice and the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be, as well as this Agreement or Terms and Conditions Page, which must be read and/or accepted by the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be.

Terms and conditions and privacy policy incorporated by reference

To the extent applicable, the terms and conditions that apply to the access and use of the Practice’s website, https://www.care-first.co.za, and its privacy policy, are incorporated herein by reference. By proceeding with the booking of the appointment, the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be, is deemed to have read, understood and agreed to and accepted the aforesaid terms and conditions and privacy policy being incorporated herein.

REQUIREMENT TO PROCEED

By clicking on the “I ACCEPT” button on the Website Virtual Platform or replying “YES” to the selected consultation option on and link from the WhatsApp Virtual Platform or booking an appointment for the telephonic consultation, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, will be required and agrees to:

To the extent the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, fails, neglects, refuses or is unable to:

the Patient will not be permitted to proceed to a consultation with a Medical Practitioner.

To the extent the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, has subscribed for either a B2B Subscription or B2C Subscription, through the FCS Platform, these terms and conditions in this Agreement will apply to the consumer making such B2B Subscription or B2C Subscription with respect to the virtual consultation and the doctor-patient relationship as between the Practice and the Patient. As such, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, being the B2B Subscriber or B2C Subscriber, must:

failing which the Patient, B2B Subscriber or B2C Subscriber, as the case may be, will not be permitted to proceed to a consultation with a Medical Practitioner.

REGULATORY ISSUES

Consumer Protection Act

The Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, applies to this Agreement with respect to anyone who is a “consumer” for purposes of the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended.

Nothing in this Agreement is intended or understood to unlawfully restrict, limit or avoid any right or obligation created in terms of the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, for any person who is party to this Agreement. As such, a restriction, limitation or disclaimer in this Agreement will not limit any liability or alter any party’s rights as a consumer that cannot be excluded under the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended.

A clause, term or condition of this Agreement shall not apply in so far as it contravenes the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended. As such, all clauses, terms and conditions are qualified, only to the extent necessary, to ensure compliance with the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended.

In accordance with the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, this Agreement highlights words that are in a different colour, bold print, capitalised, underlined or italicized to bring attention to their importance, as they may limit risk or liability, create risk or liability, require or provide some form of indemnification, surety or guarantee or serve as an acknowledgement of a fact. ATTENTION IS DRAWN TO THESE WORDS, TERMS AND CONDITIONS AS THEY ARE IMPORTANT AND SHOULD BE CAREFULLY CONSIDERED AND NOTED.

Electronic Communications and Transactions Act + the Protection of Personal Information Act

This Agreement, the Virtual Health Services, the communication and transfer of data and the use of electronic methods for the collection, processing and storage of information is subject to the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, and the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended.

The Practice, as a “supplier” under in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, has disclosed the prescribed supplier information in the definition of the Practice.

Health Professions Act + the HPCSA

The Practice and each of its Medical Practitioners are subject to, amongst others, the National Health Act, 2003 (Act No. 61 of 2003), the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended.

IMPORTANT AND MATERIAL DOCTOR AND PATIENT PROVISIONS

Virtual Health Services are not intended to be a replacement for face-to-face consultations.

The Patient is urged to immediately seek medical treatment if and to the extent the condition or reason for seeking the Virtual Health Service persists, the condition changes for the worse or symptoms worsen.

The Patient acknowledges that the Virtual Platform and the Virtual Health Service may have technological limitations, due to, amongst others, possible power loss, power outages or load shedding and internet or data failures.

The Patient (and, where applicable, the Guardian, the Responsible Person or Guarantor) hereby represents and warrants to the Practice and the Medical Practitioner that:

the Patient is not in an established doctor-patient relationship;
the Patient is not in the active treatment of another healthcare practitioner for the condition that is the subject of the Virtual Health Service or consultation;
the Patient is not receiving any other treatment or medication for the condition that is the subject of the Virtual Health Service, consultation or at all;
the Patient has chosen the Practice and its Medical Practitioner to establish a doctor-patient relationship particularly in respect of the matter that is the subject of the Virtual Health Service or consultation;
the Patient will disclose all relevant information to the Medical Practitioner, whether material, significant, insignificant or otherwise;
the Patient has deliberately chosen and opted for an electronic medium to consult with the Medical Practitioner thereby creating a virtual healthcare setting and a doctor-patient relationship;
the Patient is, at the time of consulting with the Medical Practitioner, within the borders of the Republic of South Africa;
the Patient consents to and authorizes the recording of the consultation by and between the Patient and the Practice's personnel, including, without limitation, the Medical Practitioner;
by accepting these terms and conditions, the Patient (or Guardian, as the case may be) hereby gives or is deemed to have given the requisite written "INFORMED CONSENT" in terms of the common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended; and
the Patient has the financial wherewithal or ability to pay the fees for the services to be rendered by the Medical Practitioner.

STANDARD AND CORE TERMS AND CONDITIONS

DEFINITIONS

The following definitions apply to these terms and conditions you, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, agree to for the Health Service to be rendered by a Medical Practitioner and/or nurse/clinical associate of the Practice:

“Agreement” means the agreement entered into by and between the Practice, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, as recorded electronically herebefore and hereinafter and comprising these terms and conditions, as well as each of the electronic pages, messages, texts and other links referred to above (where applicable).

“B2B Subscriber” means the person who has purchased a B2B Subscription through a Corporate Member.

“B2B Subscription” means a subscription of that name on the FCS Platform, which grants the B2B Subscriber a prescribed number of consultations with a Medical Practitioner of the Practice during a prescribed period in terms of and in accordance with a Platform Services Agreement by and between FCS and the Corporate Member.

“B2C Subscriber” means the person who has purchased a B2C Subscription from FCS.

“B2C Subscription” means:

a monthly or annual subscription of that name on the FCS Platform, which grants the B2C Subscriber a prescribed number of tokens to redeem towards a prescribed number of consultations with a Medical Practitioner of the Practice during a prescribed period in terms of and in accordance with the FCS Platform Virtual Health Services Agreement; or
a once-off payment for a consultation with a Medical Practitioner of the Practice.

“FCS Platform” means the Care-First platform, being https://www.care-first.co.za.

“Guardian” means the person who is legally responsible for the Patient if and to the extent the Patient is a minor or under the care of a legal guardian, being the Patient’s parent or legal guardian, as recorded on the electronic Guardian Details Page or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be.

“Guarantor” or “Responsible Person” means the person responsible to pay the Practice its invoiced fees for the Virtual Health Service rendered to the Patient by the Medical Practitioner on behalf of the Practice, being the person recorded as the “Guarantor” on the Guarantor or Responsible Person’s Page or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be – to be clear, the Responsible Person could be the Patient, the parent of a minor, the guardian of a minor or a Patient subject to legal guardianship, the member of a medical aid scheme or the person assuming the responsibility, as guarantor, for the payment of the invoice to be rendered by the Practice for the Virtual Health Service.

“Medical Practitioner” means the medical doctor or other healthcare provider employed by the Practice to render the Virtual Health Service to the Patient on the Virtual Platform.

“Patient” means the natural person receiving the Virtual Health Service (which may include the B2B Subscriber and/or the B2C Subscriber, where applicable) from either the Medical Practitioner or nurse/clinical associate, whose details are as recorded on the electronic Patient Details Page or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be.

“Practice” means SH Incorporated, trading as SHI Healthcare Clinics, with the following important corporate details:

Full name: SH Incorporated

Type of entity: private company – incorporated practice

Main business: the provision of health care services.

Office bearers: Dr S Holt

CIPC Registration number: 2016/145481/21

BHF PCNS Registration Number: 014 000 0055611

VAT number: 4700273958

Physical Address (for receipt of legal process, post & street): The Place, 1 Sandton Drive, Sandhurst, Sandton, 2196, Republic of South Africa

Email: info@shihealthcare.co.za

Landline: +27 (0) 861 374 7687

Website: www.shihealthcare.co.za

PAIA: The manual published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), as amended, may be downloaded from [here].

Note: All correspondence must be marked for: Attention – The Chief Executive Officer.

“Prescribed Consultations” means the number of consultations subscribed for by the B2B Subscribers or the number of consultations per number of tokens subscribed for by the B2C Subscribers, including one-off payments.

“Service Address” means the physical and electronic mail address of the Patient, the Guardian, the Guarantor and/or Responsible Person, as the case may be, as recorded on each of the applicable electronic pages of the Website Virtual Platform or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be.

“Virtual Health Service” means the health or other professional service rendered or to be rendered by the Medical Practitioner to the Patient on the Virtual Platform, including but not limited to a consultation, diagnosis, prognosis, treatment, care and/or the prescription of medicine.

“Virtual Platform” means, as the context may require or determine, the electronic method or virtual facility or system over which the Virtual Health Service is rendered or is to be rendered by the Medical Practitioner/Practice to the Patient, including but not limited to the FCS Platform, the Practice’s Website Virtual Platform, the Practice’s WhatsApp Bot Virtual Platform and/or the Practice’s Telephonic Virtual Platform, as the case may be.

LEGALLY BOUND

By clicking on the “I ACCEPT” button on the Website Virtual Platform or replying “YES” to the selected consultation option on and link from the WhatsApp Virtual Platform or booking an appointment for the telephonic consultation, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, agrees to be legally bound by the terms and conditions hereinbefore and hereinafter set out.

By clicking on the “I ACCEPT” button on the FCS Platform or replying “YES” to the selected consultation option on and link from the FCS Platform, the B2B Subscriber or the B2C Subscriber, as the case may be, agrees to be legally bound by the terms and conditions hereinbefore and hereinafter set out.

SIGNATURE

By clicking on the “I ACCEPT” button on the FCS Platform, the Website Virtual Platform or replying “YES” to the selected consultation option on and link from the WhatsApp Virtual Platform or booking an appointment for the telephonic consultation,:

such action constitutes the electronic signature of the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, to this Agreement;
a legally binding and enforceable agreement shall come into being by and between the Practice, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, upon the terms and conditions set out in this Agreement; and
the Patient confirms having given the requisite written "INFORMED CONSENT", amongst others, in terms of the common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

BACKGROUND INFORMATION & HOUSEKEEPING

Relationship with the Virtual Platform

The Website Virtual Platform is owned and managed by a separate independent legal entity, with the requisite security and confidentiality measures and safeguards in place to process, store and protect the Patient’s health and personal information. The corporate details of the owner and manager of the Website Virtual Platform are referenced or recorded on the Landing Page.

Commitment, Complaints and Compliments

The Practice is dedicated to providing an efficient and professional Virtual Heath Service to its Patients. If the Patient and/or the Guardian feels that this is not the case, he, she or they should contact the Practice on the below email to register any dissatisfaction with the said service.

Any and all complaints against the Practice or any of its Medical Practitioners for ethical or professional reasons may be addressed to the Practice on support@care-first.co.za or the Health Professions Council of South Africa:

BACKGROUND INFORMATION & HOUSEKEEPING

and by following the process prescribed on the aforestated HPCSA website and completing the prescribed complaint form, likewise provided on the aforesaid website.

Contact and Communications

The Practice is hereby authorised to contact and/or communicate with the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, by means of one or more of the following methods of communication: telephonic or mobile communication, SMS (short message services), WhatsApp or Telegram text messaging or similar service, Facebook Messenger, electronic mail, postal service, courier service, PostNet and/or hand delivery. The choice of method of communication shall be in the sole discretion of the Practice.

Copy of this Agreement

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, is entitled to call for and be provided an electronic PDF copy of this Agreement.

Availability of and Access to the Virtual Platform and Virtual Health Service

Access to the Virtual Platform and the Virtual Health Service is subject to availability and will be rendered only within the Republic of South Africa.

In addition to the disclaimer below, but to the extent permitted in law, the Practice makes no representation or warranty, whether implied or otherwise, that:

the Patient will have access or continued access to the Virtual Platform or the Virtual Health Service for the full duration of the consultation or that such access will be continuous and/or uninterrupted;
the Virtual Platform or the Virtual Health Service or the connection to the Medical Practitioner will at all times be available, fit for any purpose, be secure and reliable; and
the Virtual Health Service will strictly conform to its delivery timelines or exact booking time slots.

Notwithstanding the above, the Practice will use its best commercial endeavours to make the Virtual Health Service available to the Patient at and during the allotted timeslot and so maintain the availability and continuity thereof on the understanding and premise that such service is:

subject to the continuous supply of electricity from the electricity grid and internet being fully operational and not the subject of power outages, power loss, load shedding or other malfunction; and
provided on an "as is" and "as available" basis; and
provided in good faith based upon the information given by the Patient to the Medical Practitioner.

Pricing, fees and costs

All prices, fees and costs are quoted in South African Rand and are valid and effective only in the Republic of South Africa and at the time so stated.

Reservation of rights

The Practice reserves the right to discontinue or change the prices, fees, costs, and specifications of its products and services from time to time without notice.

Virtual Health Services

The Medical Practitioners of the Practice are trained emergency medical practitioners, and have been additionally specifically trained to render Virtual Health Services.

The Virtual Health Services are presently limited and restricted to primary health care only.

BILLING AND PAYMENT OF MEDICAL FEES, COSTS AND CHARGES

Basis

Billing and payment for the Virtual Health Services is split into:

Subscription Offerings

To the extent the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, is either a B2B Subscriber or B2C Subscriber, FCS shall pay the Practice their applicable fees for their consultations in terms of either their B2B Subscription or B2C Subscription, which shall be limited and restricted to the number of Prescribed Consultations.

Non-Subscription Offerings

Billing Policy & Fee Structure

The Practice bills in accordance with its billing policy, at rates it believes are commensurate with the experience and skill of, as well as the demands on, its Medical Practitioners. The billing policy and an explanation of the fees is located on the Landing Page of the Website Virtual Platform. The fees quoted for the Virtual Health Service are per consultation.

Exclusions

The Practice’s fees and costs exclude the costs of medication, equipment and other specialists involved in the Patient’s medical treatment and care.

Medical Aid Schemes (Relevant to medical aid scheme patients)

The Responsible Person represents and warrants, if applicable, to and in favour of the Practice, that, as at the date of entering into this Agreement and when the Practice submits an account for payment,:

he, she or they are the principal member or a dependent of the principal member with a valid membership of the medical aid scheme reflected on the applicable electronic page of the Website Virtual Platform or provided in the online registration or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be;
the information pertaining to his, her or their medical aid scheme is true and correct in every respect;
he, she or they is or are up to date and current with all his, her or their subscription and/or medical aid scheme membership contributions;
he, she or they has or have sufficient medical aid scheme resources or benefits to cover the Practice's fees and costs in full;
he, she or they has or have not resigned from or his, her or their benefits has or have not been terminated by his, her or their medical aid scheme, which includes but is not limited to the Patient as well; and
he, she or they have sufficient cash resources to pay for the Virtual Health Service in the event there is a shortfall between the amount owing to the Practice and the amount paid by the medical aid scheme or if the Practice's invoice is not paid at all.

The Responsible Person hereby authorises the Practice (which will not be obliged) to submit its account to the Responsible Person’s medical aid scheme for payment to the Practice on behalf of the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, for the Virtual Health Service rendered by the Medical Practitioner/Practice to the Patient.

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, understands and accepts that:

the fees and costs charged by the Practice are different or may be different to or from the benefits payable under his, her or their medical aid scheme and, as such, he, she or they hereby accept responsibility and liability for any co-payment resulting from the difference or shortfall between the amount claimed by the Practice and the amount paid by the medical aid scheme;
pre-authorisation by a medical aid scheme for the Virtual Health Service of or any treatment by the Practice does not guarantee any payment by the medical aid scheme and, as such, he, she or they hereby accept responsibility and liability for any and all amounts not paid to the Practice by his, her or their medical aid scheme; and
he, she or they will not be relieved of any liability for the payment of the fees and costs due to the Practice notwithstanding the Practice submitting a claim therefore to his, her or their medical aid scheme or any other insurer.

The Responsible Person remains liable for the full account whether the medical aid scheme pays such account, in full or in part, alternatively denies same, and the responsibility is vested in the Responsible Person to ensure that all accounts are timeously settled in full, failing which the Patient, Guardian, the Guarantor and/or Responsible Person, as the case may be, will be liable in his, her or their personal capacity as principal debtor of and for any and all amounts due to or claimed by the Practice.

Non-medical aid payments or other payment methods (Relevant to cash/credit or debit card/ EFT payments)

The Responsible Person represents and warrants to and in favour of the Practice, that, as at the date of entering into this Agreement and when the Practice renders an account for payment,:

the information pertaining to his, her or their non-medical aid payment method is true and correct in every respect, including but not limited to the name of the bank account holder, the account number or credit/debit card number, the name of the applicable bank, the branch code, branch name, expiry date and authentication code;
the Responsible Person is fully authorised to use the non-medical aid payment method (supplied by him, her, it or them) for purposes of paying the Practice for the Virtual Health Service, including but not limited to the debit/credit card, the electronic funds transfer bank account or other payment method acceptable to the Practice from time to time; and
the Responsible Person and the non-medical aid payment method (supplied by him, her, it or them) has and will have sufficient funds available to cover and pay the invoice to be rendered by the Practice for the Virtual Health Service.

THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, HEREBY HOLDS THE PRACTICE HARMLESS AND UNDERTAKES TO MAKE GOOD, PAY AND INDEMNIFY THE PRACTICE AGAINST ANY AND/OR ALL COSTS, EXPENSES, LEGAL FEES, DAMAGES AND/OR LOSSES INCURRED OR SUFFERED BY THE PRACTICE ARISING OUT OF OR AS A CONSEQUENCE OF A BREACH OF ANY OF THE IMMEDIATELY AFORESTATED WARRANTIES.

RESPONSIBILITY AND LIABILITY FOR THE PAYMENT OF THE ACCOUNT

The Responsible Person shall, at all times, whether or not a member of a member aid scheme, remain liable and responsible for the Virtual Health Service as rendered and charged by the Practice – this also applies to payments to be made by credit/debit card or any other means of cash payment.

NOTWITHSTANDING AND IN ADDITION TO THE RESPONSIBLE PERSON BEING THE PRIMARY DEBTOR FOR THE PAYMENT OF THE PRACTICE’S FEES AND COSTS, THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, SHALL, AS CO-PRINCIPAL DEBTORS, BE JOINTLY AND SEVERALLY LEGALLY RESPONSIBLE AND LIABLE FOR THE PAYMENT OF ANY AND ALL CLAIMS OF THE PRACTICE ARISING FROM THIS AGREEMENT AND THE VIRTUAL HEALTH SERVICES RENDERED OR TO BE RENDERED BY THE PRACTICE AND ITS MEDICAL PRACTITIONER.

Should the Responsible Person be a guarantor for the Patient or Guardian, the Responsible Person hereby unconditionally and irrevocably:

guarantees and undertakes, as a principal and independent obligation, in favour of the Practice, the due, proper, full and timeous payment by the Patient or the Guardian, as the case may be, to the Practice of its account and claim for the Virtual Health Service rendered to the Patient;
indemnifies and holds harmless the Practice against any and all loss, liability, damage, taxes and costs (including, without limitation, legal costs on the scale as between an attorney and his own client) arising from any non-payment by the said Patient or Guardian, as the case may be; and
renounces the benefits of the following legal exceptions:

simultaneous citation and division of debt (this applies where there is more than one co-principal debtor and entitles each of them to claim that the guarantor is liable only for its proportional share of the total debt) on renunciation of this benefit, the Guarantor becomes liable for the whole amount, but may have certain rights of contribution from and against the Patient or Guardian, as the case may be; and
no cause of debt and no value received (these are defenses that there are no grounds for a debt or that no value was received; on renunciation of these benefits the Guarantor will bear the burden to prove that it is not indebted to the Practice or that it received any benefits),
revision of accounts and errors of calculation (these defenses apply where a guarantor wishes to show that its account has been wrongly drawn up or calculated; on renunciation of this benefit, the Guarantor will bear the burden to prove that the accounts are wrong),

the full force, meaning and effect whereof the Guarantor declares himself, herself, itself or themselves to be acquainted with.

DUE AND PAYABLE

All medical aid accounts must be settled within 30 (thirty) calendar days of the date of invoice. All non-medical aid accounts must be paid and settled immediately after receiving the Practice’s invoice and payment link via SMS or other messaging service.

IF AN ACCOUNT IS NOT PAID

Interest, Collection & Listing with a Credit Bureau

To the extent the account is not paid, in full, on the applicable due and payable date aforestated:

the maximum default (or mora) rate permitted from time to time in terms of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), as amended, or
the maximum prescribed interest rate permitted from time to time for incidental credit agreements in terms of the National Credit Act, 2005 (Act No. 34 of 2005), as amended; or
the published prime overdraft rate of the Practice's bank;

the Practice will hand over the outstanding account for collection; and
the Practice will, depending on the circumstances and if the Practice in its sole discretion so chooses, list the Responsible Person with a credit bureau in terms of Regulation 19(4) of the National Credit, 2005 (Act No. 34 of 2005), as amended, which may affect the Responsible Person's credit profile, which listing the Responsible Person hereby authorises.

English language for correspondence, notice, legal proceedings

All correspondence or notices issued pursuant to and/or in terms of this Agreement, as well as all legal actions and court and/or other proceedings will be written and/or conducted in the English language.

Service Address

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be:

chooses as his, her or their contact and service details the Service Address provided for by him, her or them on the applicable electronic page of the Website Virtual Platform or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be;
undertakes to notify the Practice of any change in his, her or their contact details and Service Address, forthwith upon the change taking place; and
consents to the service of any and all legal proceedings by electronic mail, courier service and any other manner permitted in law, with the Practice likewise consenting to service in the aforesaid manner.

Read receipt as proof

All email communications by and between the parties to this Agreement must make use of the “read receipt” function to serve as proof that the email was received.

Jurisdiction

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, hereby submits and consents to the exclusive jurisdiction of the courts of the Republic of South Africa and, in particular, the appropriate Magistrates’ or High Court having jurisdiction, for and in respect of any dispute or matter arising out of this Agreement or the Virtual Health Service.

Collection/Legal Costs & Expenses

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, will pay all the Practice’s collection and/or legal costs, fees and/or disbursements incurred by the Practice in or for demanding, claiming, collecting or instituting any legal proceedings for amounts owed by him, her or them to the Practice for the Virtual Health Service, which includes tracing costs, debt collector’s fees and commissions, as well as the Practice’s attorney’s and advocate’s fees and disbursements on the attorney and own client scale.

Cession of claim

The Practice shall, at all times, have the right to cede its rights to demand, recover, claim (sue for) and/or receive any and all monies owing to the Practice by the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, without having to notify the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be.

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, may not cede, delegate, assign or otherwise transfer his, her, its or their rights and obligations under this Agreement to any other person.

DISCLAIMERS

USE OF THE VIRTUAL PLATFORM AND THE VIRTUAL HEALTH SERVICE IS ENTIRELY AT THE RISK OF THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE AND WHERE APPLICABLE.

THE PRACTICE AND THE MEDICAL PRACTITIONER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE PRACTICE AND THE MEDICAL PRACTITIONER DO NOT WARRANT THAT THE VIRTUAL PLATFORM AND/OR THE VIRTUAL HEALTH SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE VIRTUAL PLATFORM IS FREE FROM VIRUSES, SPYWARE, MALWARE, TROJANS, DESTRUCTIVE MATERIALS OR OTHER HARMFUL COMPONENTS, DATA OR CODE THAT IS ABLE TO CORRUPT, DESTROY, COMPROMISE, DISRUPT, DISABLE, HARM, JEOPARDISE OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION, STABILITY, SECURITY FUNCTIONALITY OR CONTENT OF A MOBILE PHONE OR OTHER ELECTRONIC DEVICE, COMPUTER SYSTEM, COMPUTER NETWORK, HARDWARE OR SOFTWARE IN ANY WAY.

THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE AND WHERE APPLICABLE, TO THE EXTENT PERMITTED BY LAW, ACCEPT ALL RISK ASSOCIATED WITH THE EXISTENCE OF SUCH VIRUSES, DESTRUCTIVE MATERIALS OR ANY OTHER DATA OR CODE WHICH IS ABLE TO CORRUPT, COMPROMISE, JEOPARDISE, DISRUPT, DISABLE, HARM OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OR CONTENT OF A COMPUTER SYSTEM, COMPUTER NETWORK, ANY HANDSET OR MOBILE DEVICE, OR HARDWARE OR SOFTWARE, SAVE WHERE SUCH RISKS ARISE DUE TO THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THE PRACTICE, THE MEDICAL PRACTITIONER, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.

EXCLUSION OF LIABILITY AND INDEMNITY

THE PRACTICE AND THE MEDICAL PRACTITIONER ACCEPT NO LIABILITY, TO THE EXTENT PERMITTED BY LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED ARISING FROM THE ACCESS OR USE OF THE VIRTUAL PLATFORM AND/OR THE VIRTUAL HEALTH SERVICE OR THE PURCHASE OF ANY OF OTHER PRODUCTS OR SERVICES.

IN THE ABSENCE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, THE PRACTICE SHALL NOT BE LIABLE FOR ANY INJURY, LIABILITY, LOSS, DAMAGE, COST AND/OR EXPENSE SUSTAINED OR SUFFERED, DIRECTLY OR INDIRECTLY, FROM WHATSOEVER NATURE OR CAUSE, BY THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, FROM, ARISING OUT, AS A RESULT OF OR AS A CONSEQUENCE OF:

THE VIRTUAL HEALTH SERVICES RENDERED BY THE PRACTICE'S MEDICAL PRACTITIONER TO THE PATIENT OR ANY OMISSION THEREOF;
THE USE OF OR THE RELIANCE UPON THE VIRTUAL PLATFORM, INCLUDING BUT NOT LIMITED TO THE PRACTICE'S WEBSITE, THE WHATSAPP BOT, THE ELECTRONIC MOBILE APP OR TELEPHONIC CONNECTIVITY, INCLUDING THE INABILITY TO USE SAME; AND/OR
ANY LINKED THIRD PARTY WEBSITE, MOBILE APP, DEVICE, EQUIPMENT OR TELEPHONIC SYSTEM.

THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, HEREBY:

HOLDS THE PRACTICE AND ITS MEDICAL PRACTITIONER HARMLESS AND UNDERTAKES TO INDEMNIFY THEM AGAINST ALL AND/OR ANY DAMAGES AND/OR LOSSES INCURRED BY EITHER OF THE PATIENT, THE GUARDIAN, THE GURANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, AS A CONSEQUENCE OF (I) ANY VIRTUAL HEALTH SERVICE SO RENDERED OR OMITTED TO BE RENDERED; AND/OR (II) ON OR ARISING FROM THE USE OF THE VIRTUAL PLATFORM; AND
WAIVES ANY AND ALL CLAIMS THEY MAY HAVE AGAINST THE PRACTICE AND ITS MEDICAL PRACTITIONER FOR ANY AND/OR ALL DAMAGES AND/OR LOSSES INCURRED BY EITHER OF THE PATIENT, THE GUARDIAN, THE GURANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, AS A CONSEQUENCE OF (I) ANY VIRTUAL HEALTH SERVICE SO RENDERED OR OMITTED TO BE RENDERED; AND/OR (II) ON OR ARISING FROM THE USE OF THE VIRTUAL PLATFORM,

SAVE FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON THE PART OF THE PRACTICE OR THE MEDICAL PRACTITIONER.

NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, TO THE EXTENT PERMITTED BY LAW, THE LIABILITY OF THE PRACTICE AND THE MEDICAL PRACTITIONER ARISING FROM ANY BREACH OF THIS AGREEMENT, NEGLIGENCE OR OTHERWISE, SHALL NOT AT ANY TIME EXCEED MORE THAN DOUBLE THE MONETARY VALUE OF ANY AMOUNT PAID FOR THE VIRTUAL HEALTH SERVICE.

OWNERSHIP OF PATIENT RECORDS

All Patient records remain the property of the Practice and shall only be released on demand by an authorised officer of the Practice, subject to the sole discretion of the Practice.

DISCLOSURE OF MEDICAL INFORMATION

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be and where applicable, hereby authorises:

the Practice to keep a physical hard copy and/or an electronic copy of the Patient's medical record on file; and
the processing, use and storage of the Patient's medical and personal information, as well as the personal information of the Guardian, the Guarantor and/or the Responsible Person, as the case may be, as may be applicable or necessary in the circumstances; and
the Practice to call for and obtain medical information on the Patient as may be applicable or necessary for the diagnosis and/or treatment of the Patient.

The Patient’s medical information so disclosed may include, but is not limited to, ICD 10 diagnostic codes and clinical information.

PRIVACY OF THE PATIENT'S MEDICAL AND PERSONAL INFORMATION

Save as otherwise provided for in this Agreement, the Patient’s medical and personal information will be kept private and confidential, but may be released in response to a specific request by a court order, subpoena, law enforcement agency or as otherwise required by law.

The Practice takes the Patient’s privacy of personal information seriously and to this end has implemented reasonable security measures to guard against the unauthorised disclosure of patient information, as contemplated in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended. In this regard:

the Patient, the Guardian, the Guarantor and the Responsible Person is referred to the Practice's PoPI Policy on its website https://www.care-first.co.za; and
the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, hereby confirm that all information has been and will be voluntarily provided by him, her or them, hereby consenting to the processing, storage and retention of such information for the purposes required in law or by the Practice and its Medical Practitioner in order to render the Virtual Health Service and be paid for such Virtual Health Service.

INFORMED CONSENT

The Patient and/or Guardian are hereby advised that the Patient will, subject to the circumstances and where relevant or applicable, be given information, by the Medical Practitioner, prior to treatment, of, amongst others:

the Patient's health status, except in circumstances where there is substantial evidence that the disclosure would be contrary to the best interests of the Patient;
the range of diagnostic procedures and treatment options available to the Patient;
the benefits, risks, costs and consequences generally associated with each option
the Patient's right to refuse health services and an explanation of the implications, risks and obligations of such refusal;
the diagnosis and prognosis and the likely prognosis if the condition is left untreated;
any uncertainties about the diagnosis, including options for further investigation prior to treatment;
options for treatment or management of the condition, including the option not to treat;
the purpose of a proposed investigation or treatment; details of the procedures or therapies involved, including subsidiary treatment such as methods of pain relief; how the Patient should prepare for the procedure; and details of what the Patient might experience during or after the procedure, including common and serious side effects;
for each option, explanations of the likely benefits and the probabilities of success; and discussion of any serious or frequently occurring risks, and of any lifestyle changes which may be caused or necessitated by the treatment;
advice as to whether or not the proposed treatment is experimental;
how and when the Patient's condition and any side effects will be monitored or re-assessed;
the name of the Medical Practitioner who will have overall responsibility for the treatment and, where appropriate, names of the senior members of his or her team;
whether students will be involved, and the extent to which students may be involved in an investigation or treatment;
a reminder that the Patient can change his or her mind about a decision at any time;
a reminder that the Patient has a right to seek a second opinion; and
the details of costs or charges which the Patient may have to meet.

Please take note that all of the above information will, in most instances, not be applicable to the conditions treated by the Virtual Health Service. There will be no obligation on the Medical Practitioner to follow-up on the Patient’s reaction to the Virtual Health Service.

IMPORTANT OBLIGATIONS

THE PATIENT AND/OR GUARDIAN, AS THE CASE MAY BE, REPRESENTS AND WARRANTS THAT HE, SHE OR THEY WILL:

DISCLOSE TO THE MEDICAL PRACTITIONER ANY AND ALL RELEVANT INFORMATION, NO MATTER HOW TRIVIAL, PERTAINING TO THE PATIENT'S CURRENT HEALTH AND PAST MEDICAL HISTORY THAT MAY HAVE A BEARING ON THE HEALTH SERVICE TO BE RENDERED, INCLUDING BUT NOT LIMITED TO ANY ALLERGIES, CONDITIONS AND THE LIKE;
MAKE THE NECESSARY ENQUIRIES REFERRED TO ABOVE FROM THE MEDICAL PRACTITIONER DURING THE CONSULTATION; AND
INFORM THE PRACTICE OF ANY RELEVANT CHANGES TO HIS, HER OR THEIR PERSONAL, MEDICAL AND/OR FINANCIAL INFORMATION OR CIRCUMSTANCES.

To the extent the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, is expecting to make payment through his, her or their medical aid scheme, he, she or they must ensure that he, she or they:

DISCLOSE TO THE MEDICAL PRACTITIONER ANY AND ALL RELEVANT INFORMATION, NO MATTER HOW TRIVIAL, PERTAINING TO THE PATIENT'S CURRENT HEALTH AND PAST MEDICAL HISTORY THAT MAY HAVE A BEARING ON THE HEALTH SERVICE TO BE RENDERED, INCLUDING BUT NOT LIMITED TO ANY ALLERGIES, CONDITIONS AND THE LIKE;
MAKE THE NECESSARY ENQUIRIES REFERRED TO ABOVE FROM THE MEDICAL PRACTITIONER DURING THE CONSULTATION; AND
INFORM THE PRACTICE OF ANY RELEVANT CHANGES TO HIS, HER OR THEIR PERSONAL, MEDICAL AND/OR FINANCIAL INFORMATION OR CIRCUMSTANCES.

fully understand the rules and benefits of his, her or their medical aid scheme, including but not limited to exclusions, authorisations, visits, tariffs and co-payments; and
track his, her or their limits, including but not limited to savings and available day-to-day funds;
obtain the necessary authorisations as and when required; and
confirm that the Practice has been paid its account in full.

CONFIRMATION

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, hereby confirms that he, she or they, as the case may be and where applicable,:

have the necessary financial wherewithal or ability to pay the Practice its fees, costs and charges upon receipt of invoice;
have of own volition chosen the Practice to consult with;
have read and understood each of the terms of this Agreement, including but not limited to his, her or their financial commitment and liability, the indemnity and exclusion of liability and the joint and several obligation to make payment of the Practice's fees, costs and charges;
have had the opportunity to review these terms and conditions and that same accurately reflects his, her or their position;
are signing this Agreement voluntarily without being forced, influenced, pressured or harassed to do so;
understand and accept that this Agreement is legally binding on his, her or them; and
18 (eighteen) years of age and possess the legal right, capacity and ability to enter into a legally binding agreement with the Practice.

GENERAL

Excussion, Set-Off or Counter-Claim

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, will not and does not have the right to defer, adjust, withhold and/or apply set-off to any payment (due to the Practice in terms of or arising out of this Agreement), as he, she or they would otherwise have in law. To this extent, the Patient, the Guardian and/or the Responsible Person, as the case may be, hereby waives his, her or their rights of set-off.

Conflict with the law & Severability

Insofar as any of the provisions contained in this Agreement are in conflict with any of the laws of the Republic of South Africa for the time being in force, such provisions will be deemed to be amended only to the extent necessary to comply with the provisions of such laws.

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired thereby, and this Agreement will remain and be of full force and effect.

Any provision in this Agreement which is or may become illegal, invalid or unenforceable will be ineffective to the extent of such prohibition or unenforceability and will be treated as pro non scripto (meaning as if not written) and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision.

Value Added Tax ("VAT")

Unless otherwise specifically stated that the amount concerned is inclusive of VAT, all amounts provided for in this Agreement or for the Virtual Health Service will be exclusive of VAT (if applicable) and any VAT chargeable will be added onto such amount/payment and be payable by the Responsible Person.

Any or all VAT will become due for payment and must be paid forthwith against payment of the invoice for such goods and/or services rendered by the Practice.

VAT will be charged, at the prevailing rate, on all products acquired and services rendered.

The payor of the Practice’s invoice will be entitled to request a VAT invoice.

Electronic messaging

In addition to the terms pertaining to contacting and communicating with the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, he, she or they hereby consent, authorise and instruct the Practice to send electronic messages to his, her or their electronic messaging media (including but not limited to his, her or their personal computer and/or mobile or cellular phone) at any of the electronic mail addresses and contact details supplied by him, her or them, as the case may be, with the Practice hereby being entitled but not be obliged, to:

furnish him, her or them with the Practice's invoice;
furnish him, her or them with a PDF copy this Agreement;
communicate information to him, her or them regarding his, her or their account or records;
er or them of any available products and services of the businesses affiliated to the Practice; and/or
inform him, her or them of promotions and special offers of the businesses affiliated to the Practice.

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, may opt out of receiving the last two bullet point messaging services above, provided he, she or they advise the Practice in writing by updating his, her or their profile on the appropriate electronic media channel provided for by the Practice, if applicable.

Entire Agreement

This Agreement constitutes the complete and exclusive written expression of the terms of the agreement between the parties hereto relating to the subject matter of this Agreement. As such, it shall likewise constitute written informed consent.

Website T’s and C’s

Introduction

All information, including but not limited to text, graphics, images (still or moving) and other material contained on this site, is for reference, informational and educational purposes only.

Caution

Whilst all reasonable and foreseeable steps and/or precautions have been taken to ensure the accuracy and safety of the content of this site:

Nothing on this site may be construed as an offer by the Practice to you, but merely an invitation to do business.

Binding Contract

Assent

Amendment

No amendment by you of these terms and conditions will be acceptable and/or valid.

Legal Capacity

Access

The Practice may limit certain services, features or functions and restrict or deny you access to all or parts of any service on and/or to the site itself.

Online Services & Registration

You warrant, to and in favour of the Practice that the registration data you submit is current, accurate and complete.

You understand, acknowledge and accept that access to the site’s functionality may be limited until such time as the verification process has been successfully completed.

Services and/or Products

Live Information on the Site

All live information is delayed unless otherwise specifically stated. You should always update or “refresh” your screen to make sure that you are looking at the latest information.

Links to other Websites

Use of Third Party Content

The Practice may, from time to time, in addition to any link, host or provide third party content on the site for your convenience.

It is your responsibility to evaluate third party content available on and through the site.

Dealings with Third Parties

You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with those third parties.

Permission for linking to this Site

Searching Technology

Transmission of Information

Any information or material sent to this site will be deemed not to be confidential, unless otherwise agreed in writing by you and the Practice

Security

you are responsible for maintaining and promptly updating the registration data and any other information you provide the Practice, thereby keeping it current, accurate and complete;
if you believe the security of your account has been compromised in any way, you will immediately notify support@care-first.co.za;
if you believe that information or content published on the site infringes on any persons’ rights in any way, you will immediately notify support@care-first.co.za; and/or
you will be held fully responsible for any misuse or compromise to your account which support@care-first.co.za was not properly and timeously notified about.

Code of Conduct

You may not use this site or any of the site’s material for or in conjunction with any illegal, unlawful or immoral purpose or as prohibited by these terms and conditions of use.

In the event that you link to any page on this site or are permitted to frame this site or any of the pages on this site or any part thereof, in any way whatsoever, you:

You undertake to adhere to generally acceptable Internet and electronic mail etiquette. In this regard, without limitation to the examples listed below, you undertake not to:

engage in any abuse of electronic mail or spamming, including (without limitation) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;
engage in any activity intended to entice, solicit or otherwise recruit users of the site to join an organisation except where such activities are expressly authorised, in writing, by the Practice and permitted in terms of the laws of the Republic of South Africa and, if you are accessing the site from another country, the laws also of your country;
take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the products and/or services, including but not limited to phishing;
impersonate any other person or use a false or unauthorised name so as to create a false identity and/or electronic mail address or to misrepresent the origin or identity of any communication to the site and/or its owner;
modify, access or make available any data stored on a computer device which has been accessed through the site;
make available or upload files that contain software or any other material not owned or appropriately licensed to you;
use the site, products and/or services or the site to post or transmit, by means of listings, reviews, comments, suggestions, ideas, questions or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexually explicit or which carries child pornography, religious or racial slurs, racially, ethnically or otherwise objectionable in any way or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
use the site, products and/or services to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
use the site, products and/or services in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others, including (without limitation) the transmission of pirated software;
use the site, products and/or services in any manner which could damage, impair, overburden or disable the site and/or the products and/or services or interfere with any other party's use or enjoyment of the products and/or services;
use the site, products and/or services to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
gather electronic mail addresses and/or names for commercial, political, charitable or like purposes or use the site, products and/or services to collect or attempt to collect personal information about third parties without their knowledge or consent;
violate the privacy of any person or attempt to gain unauthorised access to the site, products and/or services or any other website or network, including (without limitation) through hacking, password mining or any other means;
use the site, products and/or services to engage in any illegal or unlawful activity;
use any robot, spider, other automatic device or technology, or manual process or similar data gathering and extraction tools to monitor or copy portions of the site for any non-personal or commercial use;
use any meta tags or other “hidden text” utilizing the the Practice names or trademarks, without the prior written consent of the Practice;
frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Practice and its affiliates, without the prior written consent of the Practice;
collect or use any listings, descriptions or price lists from the site for the benefit of a competing merchant that supplies products or services comparable to those advertised on the site; and/or
act in any way which may, could or does impose an unreasonable or unusually large load of traffic on the site, or otherwise interferes with its proper and timely functioning.

Should you engage in any one or more of the above practices, the Practice will be entitled, without prejudice to any other rights it may have, to:

without notice, suspend or terminate your access to the site, products and/or services;
charge, invoice and reclaim from you all reasonable costs it has incurred pursuant to or arising from your aforementioned activities, including (without limitation) bandwidth, administration costs, downtime, usage of name or registered domain name; and/or
notwithstanding the Privacy Policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Software and Equipment

Monitoring of Communications

Intellectual Property Rights & License

Placing references to this site on other websites or mobisites without the prior written consent of the Practice is strictly prohibited.

You are prohibited from sublicensing, assigning or transferring this license to any person.

Electronic Communications

Disclaimers

without notice, suspend or terminate your access to the site, products and/or services;
charge, invoice and reclaim from you all reasonable costs it has incurred pursuant to or arising from your aforementioned activities, including (without limitation) bandwidth, administration costs, downtime, usage of name or registered domain name; and/or
notwithstanding the Privacy Policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

The Practice does not warrant that:

the functions and/or information contained on this site will meet your requirements or operate in every combination selected by you for use, will be uninterrupted, timely, secure or error free, that any defects or errors will be corrected or that this site or the server that makes it available is free of viruses or other harmful components;
this site or its information will provide specific results from use thereof or any content, search or link within them or that the results that may be obtained from the use of this site will be accurate or reliable;
to the fullest extent permissible under law, your use of this site and reliance on any information, services, products and/or materials available on or procured or accessed through this site is entirely at your own risk;
although all reasonable steps are taken to verify information presented on the site, the Practice does not represent or warrant that any advice, opinion, statement or other information contained in, displayed on, linked to or distributed through this site is applicable to or suitable for application to any specific scenario or set of circumstances - any reliance upon any such opinion, advice, statement or information will be at your sole risk;
the Practice will be entitled, at any time and from time to time, to correct any errors or omissions in any portion or part of this site, including, without limitation, any information; and/or
to the fullest extent permissible by or in law and subject to the provisions of the South African Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended,:

under no circumstances whatsoever, including as a result of any negligent acts or omissions or those of the Practice’s servants, agents or contractors or other persons for whom in law it may be liable, will the Practice or its servants, agents or contractors or other persons for whom in law the Practice may be liable (in whose favour this constitutes a stipulation for the benefit of another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (including without limitation, loss of profits), damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the site or any information, service and/or product hereon or hereof; and/or
no claims or legal action arising out of, or related to, the use of this site, any information, service and/or product hereon or hereof or these terms and conditions of use may be brought by you more than 3 (three) years after the cause of action relating to such claim or legal action arose.

Indemnity

Disputes

The arbitrator will have the power to give default judgment if either you or the Practice fails to make submissions on the due date therefore and/or fails to appear at the arbitration hearing.

The evidence in the arbitration proceedings and any order made by any arbitrator will and must be kept confidential unless otherwise contemplated in these terms and conditions of use.

Either you or the Practice will be entitled to have an arbitration award made an order of court by a court of competent jurisdiction.

General Legal Issues

You irrevocably and unconditionally consent:

Upon termination of these terms and conditions of use, all rights which may have been granted to you pursuant hereto, will immediately and automatically revert to the Practice.

These terms and conditions of use and this agreement will be deemed to have been concluded in Johannesburg at the time you access the site for the first time.

Data messages addressed by you to the Practice will be deemed to have been:

You warrant that all data messages that you send to the Practice from a computer, Internet Protocol address or mobile device normally used by you, was sent and/or authorised by you personally.

Website Privacy Policy

IMPORTANT NOTICE

Please note that the Practice cannot, despite its safeguards and security, guarantee the security of any Personal Information that you disclose on the internet or online.

Definitions and Interpretation

References to the word or term:

“ECT Act” means the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.
“Health Acts” means the National Health Act, 2003 (Act No. 61 of 2003), the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Regulations and Guidelines promulgated by the Health Professions Council of South Africa (“HPCSA”) in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended.
“Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the South African Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended (“PoPI”). When referenced to you, it means all information specific to you, that identifies you, provided over the internet.
“the Practice” means SH Incorporated (trading as Drs Holt and Partners ).
“Process” or “Processing” or “Processed” or words of similar nature or meaning, means the creation, generation, communication, storage, destruction of personal information as more fully defined in PoPI.
“you” or the “user” means any person who accesses, uses and/or browses the site, for any purpose.

Status and Amendments

The Practice respects your privacy and will take reasonable measures to protect it, as more fully detailed below.

This Privacy Policy sets out the Practice’s information gathering and dissemination practices on and in respect of the site.

This Privacy Policy governs the Processing of Personal Information provided to the Practice through you accessing, browsing and/or using of the site.

It is your duty to remain appraised of the prevailing or current version of this Privacy Policy from time to time, as the then prevailing version will apply from time to time.

Why would the Practice collect your Personal Information

The Practice will use your Personal Information only as appropriate in the normal course of business. Your personal information will be collected essentially for the following reasons:

to identify you;
for the Practice to Process your instructions;
to manage any transaction you may have with the Practice;
to comply with the laws of the Republic of South Africa;
to detect fraud; and/or
for direct marketing to you via e-mail, mobile phone or telephone.

Registration

Should you be required, at any time, to register as a user on the site, you may be required or obliged to provide the Practice with the following Personal Information:

first name and surname;
date of birth or age;
email address;
physical address;
medical aid details;
gender;
marital status;
contact telephone or mobile / cellular number; and/or
username and password.

Should that information change, you are requested to update such information as soon as reasonably possible to enable the Practice to update its records.

Processing of Personal Information

By providing your Personal Information to the Practice you acknowledge that it has been collected directly from you and consent to and authorise its Processing by the Practice.

the Practice will only collect Personal Information for a purpose consistent with the purpose for which it is required, which will be apparent from the context in which it is requested;
the Practice will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed;
Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or the Practice is permitted or obliged in terms of legislation of general application dealing primarily with the protection of Personal Information;
the Practice will keep records of all Personal Information collected and the specific purpose for which it was collected for a period of 12 (twelve) months from the date on which it was last used, save where otherwise required by law;
the Practice will not disclose any of your Personal Information to any third party without your prior written agreement or the Practice is required to do so in law;
if Personal Information is released with your consent the Practice will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 12 (twelve) months from the date on which it was last used; and/or
the Practice will destroy or delete any Personal Information that is no longer needed by the Practice for the purpose it was initially collected, or subsequently Processed.

The Practice will, where required to and as governed by the Rules of the HPCSA and the Health Acts, retain medical records appropriately and safely for periods required in terms thereof.

ECT Act

The Practice may use standard technology to collect information about the use of the site, but which will only be for the collection of statistical data.

The following types of information may be collected in respect of users who have enabled cookies:

It is possible to opt out and/or alter the manner in which your browser handles cookies. Please note that, if this is done, certain services and/or products or links on the site may not be available.

Security

Links to other websites

The Practice has no control over and accepts no responsibility or liability for the privacy practices of any third party websites or mobisites to which hyperlinks may have been provided.

The Practice urges you to review the privacy policy of every website or mobisite you visit before using it.

Children’s Privacy

The Practice will not address or service anyone under the age of 13 (thirteen). The Practice does not knowingly collect personally identifiable information from anyone under the age of 13 (thirteen).

Cookie policy

Queries

If you have any queries about this Privacy Policy and the Cookie Policy please contact the Practice by emailing it on: support@care-first.co.za

PoPI

The following statements are made to comply with PoPI.

Introduction

The Practice may combine this Personal Information and use the combined Personal Information for any of the purposes stated in the above Privacy Policy.

If you use the Practice’s other services, goods, products and service channels you agree that the Practice may Process this Personal Information as explained in the Privacy Policy.

By accessing and using the site you provide the Practice with consent to Process this Personal Information.

If the Practice Processes Personal Information for another party under a contract or a mandate, the other party’s privacy policy will apply to the Processing of such information.

Scope

Policy Statement

What is personal information?

Marital status
National origin
Age
Language
Birth place
Education
Relevant financial history
Identifying number (like an employee number, identity number or passport number)
E-mail address;
Physical address (like residential address, work address or your physical location);
Telephone number
Biometric information (like fingerprints, signature or voice)
Race; gender; sex; pregnancy status; ethnic origin; social origin; colour; sexual orientation;
Physical health; mental health; well-being; disability; religion; belief; conscience; culture;
Medical history; criminal history; employment history;
Personal views, preferences and opinions;
Another’s views or opinions about you;
Full names and initials.

When will the Practice Process your Personal Information?

The Practice will only process Personal Information for lawful purposes relating to its business if the following applies:

If you have consented thereto;
If a person legally authorised by you, the law or a court, has consented thereto;
If it is necessary to conclude or perform under a contract the Practice has with you;
If the law requires or permits it; and/or
If it is required to protect or pursue your, the Practice’s or a third party’s legitimate interest.

What is special Personal Information?

Special personal information is personal information about the following:

Race (where reports to the Department of Labour for statistical information is requited);
Ethnic origin;
Trade union membership;
Health (for an insurance policy);
Biometric information (to verify identity); and/or
Criminal behaviour and alleged commission of an offense.

When will the Practice process your special Personal Information?

The Practice may process your special personal information in the following circumstances:

If you have consented to the processing;
If the information is being used for any Human Resource or payroll related requirement;
If the processing is needed to create, use or protect a right or obligation in law;
If the processing is for statistical or research purposes and all legal conditions are met;
If the special personal information was made public by you; and
If the processing is required by law.

When and from where the Practice obtains Personal Information about you?

The Practice collects Personal Information from you directly.
The Practice may collect Personal Information from a public record or if you have deliberately made the information public.
The Practice may collect personal information from third parties that are directly integrated with the site’s software platform.
The Practice may collect information about you based on your use of its products, services or service channels.
The Practice may collect information about you based on how you engage or interact with the Practice, such as via emails, letters, telephone calls and surveys.
The Practice may collect Personal Information from completed forms, such as contact and billing information - If the law requires the Practice to do so, it will ask for your consent before collecting Personal Information. The third parties from whom the Practice may collect your Personal Information include, but are not limited to, the following:

the Practice’s partners, affiliates and associates, as well as other bureau or channel partners or connected companies, subsidiary companies, cessionaries, delegates, assigns, or successors in title and/or appointed third parties (like its authorised agents, partners, contractors and suppliers) for any of the purposes identified in the Privacy Policy;
your employer and fellow employees or you directly;
your spouse, dependents, partners, and other similar sources;
people you have been authorised to share your Personal Information, like a person that makes a travel booking on your behalf or a medical practitioner for insurance purposes;
attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements;
payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like EFT transaction partners;
insurers, brokers, other financial institutions or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims and other related purposes;
law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities;
trustees, executors or curators appointed by a court of law or otherwise in accordance with the law;
the Practice’s service providers, agents and sub-contractors, like couriers and other persons it uses to offer and provide products and services to you; and/or
courts of law or tribunals.

What are the reasons the Practice needs to Process your Personal Information?

The Practice may need to Process your Personal Information for the following reasons:

to provide you with products, goods and services;
to market our products, goods and services to you;
to respond to your enquiries and complaints;
to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests
to conduct market and behavioural research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk;
to develop, test and improve products and services for you;
for historical, statistical and research purposes, like market segmentation;
to process payment instruments;
to create, manufacture and print payment advice;
to enable us to deliver goods, documents or notices to you;
for security, identity verification and to check the accuracy of your personal information;
to communicate with you and carry out your instructions and requests;
for customer satisfaction surveys and promotional offerings;
to enable you to take part in and make use of value-added products and services;
to assess any and all risks; and/or
for any other related purposes.