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
The virtual healthcare consultation service offered through this platform is operated and administered by SHinc Healthcare, a registered medical practice.
DR S HOLT INC
These Practice Terms and Conditions are accepted before every consultation. It governs the doctor-patient relationship between the Patient and the Practice for the Virtual Health Service about to be rendered. It is separate from, and in addition to, the platform terms and conditions you accepted when creating your account (including the CareFirst platform terms, where applicable).
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 RECEIVING THE VIRTUAL HEALTH SERVICES.
THIS AGREEMENT COMPRISES THE FOLLOWING FIVE PARTS:
- PART ONE – GENERAL
- PART TWO – STANDARD CORE TERMS AND CONDITIONS
- PART THREE – TERMS AND CONDITIONS THAT APPLY SPECIFICALLY TO MINOR CHILDREN BELOW THE AGE OF 12
- PART FOUR – TERMS AND CONDITIONS THAT APPLY SPECIFICALLY TO MINOR CHILDREN BETWEEN THE AGES OF 12 AND 18
- PART FIVE – ADDITIONAL POPI ACT TERMS AND CONDITIONS
If the Patient is a minor child:
- below the age of 12, or you are the Parent, Guardian, Guarantor and/or Responsible Person of such minor child, then please read PART THREE of these Terms and Conditions; or
- between the ages of 12 and 18, or you are the Parent, Guardian, Guarantor and/or Responsible Person of such minor child, then please read PART FOUR of these Terms and Conditions,
as the terms and conditions in those Parts, in addition to the other Parts, apply specifically to you and/or your Parent, Guardian, Guarantor and/or Responsible Person, as the case may be.
QUESTIONS
If you have any questions regarding these Terms and Conditions or the Virtual Health Services, please 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 these Terms and Conditions, the Virtual Health Service and accessing and using the Virtual Platform.
PART ONE – GENERAL
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 FCS (CareFirst) Platform, the Practice’s Website, WhatsApp Bot or Telephonic facility. As such:
- these Terms and Conditions are a core set of standard provisions applying to the rendering of the Virtual Health Services by the Practice on or via any one of the Virtual Platforms; and
- not every provision may apply to each of the respective Virtual Platforms, meaning they must be read and applied in their correct context.
Website Virtual Platform
By way of explanation, these Terms and Conditions, on the Website Virtual Platform, comprise: the online booking flow; the registration details captured during the booking process, being the Patient’s personal details, the Guardian’s personal details (only required if the Patient is a minor or under the legal guardianship of the Guardian), the details of the Guarantor or Responsible Person responsible for the payment of the Practice’s fees, costs and charges, and the applicable payment or medical aid details (where applicable); these Terms and Conditions or Practice Terms and Conditions Page, which must be read and accepted before every consultation; and the confirmation page, signifying the Practice’s counter-signature or acceptance of these Terms and Conditions.
CareFirst (FCS) Virtual Platform
By way of explanation, these Terms and Conditions, when the consultation is booked through the FCS (CareFirst) Platform, comprise the booking made on that platform together with these Terms and Conditions or Practice Terms and Conditions Page, which must be read and accepted before every consultation. The terms governing the CareFirst account, subscriptions and the platform itself are contained in FCS’s separate platform terms and conditions; these Terms and Conditions govern the consultation and the doctor-patient relationship between the Patient and the Practice.
WhatsApp Virtual Platform
By way of explanation, these Terms and Conditions, on the WhatsApp Virtual Platform, comprise 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 these Terms and Conditions or Practice Terms and Conditions Page, which must be read and accepted before every consultation.
Telephonic Virtual Platform
By way of explanation, these Terms and Conditions, on the Telephonic Virtual Platform, comprise 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 these Terms and Conditions or Practice Terms and Conditions Page, which must be read and/or accepted before every consultation.
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.shihealthcare.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 into these Terms and Conditions.
To the extent there is any conflict or inconsistency between these terms and conditions and the terms and conditions of the Practice’s virtual platforms and privacy policy, these terms and conditions shall prevail in respect of the consultation and the doctor-patient relationship. A term or word defined in the terms and conditions of the Practice’s virtual platforms and/or privacy policy will likewise be incorporated and applied to these terms and conditions, unless the context clearly provides otherwise.
REQUIREMENT TO PROCEED
By clicking on the “I ACCEPT” button or replying “YES” to the selected consultation option, 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:
- the below Terms and Conditions;
- the payment of the fees rendered by the Practice (save to the extent paid by FCS under a Subscription); and
- complete, in every respect, the details or online registration required by the Practice,
before being 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, fails, neglects, refuses or is unable to complete the prescribed information or online registration and agree to the Terms and Conditions hereinafter set out, 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 (CareFirst) Platform, the terms and conditions in these Terms and Conditions will apply to the consumer making such Subscription with respect to the virtual consultation and the doctor-patient relationship as between the Practice and the Patient. As such, the B2B Subscriber or B2C Subscriber must complete the prescribed information or online registration as aforestated and agree to these Terms and Conditions before every consultation, failing which the Patient 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 (“CPA“), applies to these Terms and Conditions with respect only to those persons who are defined and considered a “consumer” for purposes of the CPA. Nothing in these Terms and Conditions is intended or understood to unlawfully restrict, limit or avoid any right or obligation created in terms of the CPA for any person who is party to these Terms and Conditions. As such, a restriction, limitation or disclaimer in these Terms and Conditions will not limit any liability or alter any natural person’s rights as a consumer that cannot be excluded under the CPA. A clause, term or condition of these Terms and Conditions shall not apply in so far as it contravenes the CPA. In accordance with the CPA, these Terms and Conditions highlight words that are in a different colour, bold print, capitalised, underlined or italicised 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. YOUR 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
These Terms and Conditions, 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 (“ECT Act“), and the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended (“PoPI Act“). The Practice, as a “supplier” under the ECT Act, has disclosed below the prescribed supplier information in the definition of the Practice. 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 these Terms and Conditions.
HPA + 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), as amended (“NHA“), the Health Professions Act, 1974 (Act No. 56 of 1974), as amended (“HPA“), and the Regulations and Guidelines promulgated by the Health Professions Council of South Africa (“HPCSA“) in terms of the HPA.
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 aware that, at the time of consulting, the Medical Practitioner is practising within the borders of the Republic of South Africa;
- the Patient consents to and authorises the documenting 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 / Responsible Person, 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 NHA, the Regulations and Guidelines promulgated by the HPCSA in terms of the HPA, the PoPI Act and the ECT Act; and
- the Patient (or the Guardian, the Responsible Person or Guarantor, as the case may be) has the financial wherewithal or ability to pay the fees for the services to be rendered by the Medical Practitioner.
PART TWO – STANDARD 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:
“Terms and Conditions” means the terms and conditions recorded electronically herebefore and hereinafter by and between the Practice, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, 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 Participant.
“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 Participant.
“B2C Subscriber” means the person who has purchased a B2C Subscription from FCS.
“B2C Subscription” means: (a) 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 terms and conditions; or (b) a once-off payment for a consultation with a Medical Practitioner of the Practice.
“FCS Platform” means the CareFirst patient platform, accessible at https://www.patient.care-first.co.za, owned and operated by FCS, on which separate platform terms and conditions apply.
“Guardian” means the person who is legally responsible for the Patient if and to the extent the Patient is a minor child or under the care of a legal guardian, being the Patient’s parent or legal guardian, as recorded during the online registration or booking process or as otherwise provided for on the applicable Virtual Platform.
“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” during the online registration or booking process or as otherwise provided for on the applicable Virtual Platform – 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 during the online registration or booking process or as otherwise provided for on the applicable Virtual Platform.
“Practice” means Dr S Holt Inc, with the following important corporate details:
| Item | Detail |
|---|---|
| Full name | Dr S Holt Inc |
| Type of entity | Private company – incorporated practice |
| Main business | The provision of health care services |
| Office bearers | Refer to CIPC / BizPortal |
| 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 |
| info@shihealthcare.co.za | |
| Landline | 0861 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 https://shihealthcare.co.za/wp-content/uploads/2025/10/PAIA-51-Manual-Dr-S-Holt-Inc-Signed.pdf |
Note: All correspondence must be marked for: Attention – The Managing Director.
“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 during the online registration or booking process or as otherwise provided for on the applicable Virtual Platform.
“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.
BACKGROUND INFORMATION & HOUSEKEEPING
Relationship with the Virtual Platform
The Virtual Platforms (including the FCS/CareFirst Platform and the Website Virtual Platform) are owned and managed by separate independent legal entities, with the requisite security and confidentiality measures and safeguards in place to process, store and protect the Patient’s health and personal information. The FCS/CareFirst Platform is owned and operated by FCS, whose corporate details are set out in FCS’s separate platform terms and conditions; the corporate details of the owner and manager of any other applicable Virtual Platform are referenced or recorded on that platform and in its own terms and conditions. The Practice is not responsible for the operation, availability or security of the Virtual Platforms themselves; the Practice is responsible for the clinical service rendered on them.
Commitment, Complaints and Compliments
The Practice is dedicated to providing an efficient and professional Virtual Health 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 info@shihealthcare.co.za or the HPCSA:
- on telephone number 012 338 9300; or
- per email to legalmed@hpcsa.co.za; or
- per courier as per the address provided on the website http://hpcsa.co.za,
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.
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.
IMPORTANT: The Virtual Health Services comprise primary healthcare consultations, clinical assessment, prescription and monitoring for longevity/wellness medicine consultations, and medically supervised weight management.
BILLING AND PAYMENT OF MEDICAL FEES, COSTS AND CHARGES
Basis
Billing and payment for the Virtual Health Services is split into:
- Subscription Offerings; and
- Non-Subscription Offerings.
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 available on the Practice’s website and on the applicable 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.
- he, she or they are the principal member or a dependent of the principal member with a valid membership of the medical aid scheme provided in the online registration or as otherwise provided for on the applicable Virtual Platform;
- 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 or rejects 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 these Terms and Conditions 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 medical aid scheme, remain liable and responsible for payment of 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.
RESPONSIBILITY AND LIABILITY FOR THE PAYMENT OF THE ACCOUNT
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 (including but not limited to Value Added Tax) 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);
- no cause of debt and no value received (these are defences 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); and
- revision of accounts and errors of calculation (these defences 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.
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 outstanding amount will accrue interest at the greater of:
- 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 Act, 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 these Terms and Conditions, 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 during the online registration or booking process or as otherwise provided for on the applicable Virtual Platform;
- 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 these Terms and Conditions 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 these Terms and Conditions 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 taking legal advice on, 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 these Terms and Conditions 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 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, OF 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;
- ANY COMPOUNDING OR SUPPLY ISSUES CAUSED BY A THIRD-PARTY COMPOUNDING PHARMACY;
- 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 GUARANTOR 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 GUARANTOR 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 use and disclosure of the Patient's medical information to:
- his, her or their medical aid scheme and/or other insurers for the purposes of receiving payment for the Virtual Health Service rendered by the Practice's Medical Practitioner; and
- all medical colleagues involved in the treatment of the Patient and in the rendering of allied healthcare or medical services;
- the Practice to keep a physical hard copy and/or an electronic copy of 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 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 these Terms and Conditions, 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 PoPI Act. 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.shihealthcare.co.za;
- 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 and authorising 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; and
- the Patient, the Guardian, the Guarantor and the Responsible Person is referred to Part Five - Additional PoPI Act terms and conditions.
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;
- 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;
- a 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.
In the case of wellness/longevity medicine, medically supervised weight management or other alternative consultation types, the Patient and/or Guardian acknowledges:
- Off-label/ compounded therapy has not been established to the same safety/ efficacy standard as registered on-label medicine and;
- Many peptides aren’t separately SAHPRA-registered in the prescribed formulation and may be supplied via a compounding pharmacy;
- The Practice relies on the compounding pharmacy’s own licensing/ QA and does not independently verify contents;
- The Medical Practitioner will explain the reasoning, alternatives, and material risks of compounded medicines and;
- The Practice reasonably believes its nominated/ referred compounding pharmacy is appropriately licensed with SAHPRA/ HPCSA, but is not itself responsible for compounding, dispensing or supply of medications and;
- Complaints regarding the compounded product itself are required to be directed to the dispensing pharmacy in the first instance.
- The Practice takes no responsibility for off label product compounding or efficacy
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 or response to the Virtual Health Service.
IMPORTANT OBLIGATIONS
THE PATIENT, GUARDIAN AND/OR RESPONSIBLE PERSON, 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:
- 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;
- 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 these Terms and Conditions, 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 these Terms and Conditions voluntarily without being forced, influenced, pressured or harassed to do so;
- understand and accept that these Terms and Conditions are legally binding on his, her or them; and
- the person accepting these Terms and Conditions is at least 18 (eighteen) years of age and possesses the legal right, capacity and ability to enter into a legally binding agreement with the Practice, save to the extent that an Adolescent Patient validly consents to treatment in terms of Part Four of these Terms and Conditions, in which case the consent provisions of Part Four apply.
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 these Terms and Conditions), 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 these Terms and Conditions 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 these Terms and Conditions 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 these Terms and Conditions will remain and be of full force and effect. Any provision in these Terms and Conditions 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 these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions 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 these Terms and Conditions 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 obliged, to:
- furnish him, her or them with the Practice's invoice;
- furnish him, her or them with a PDF copy of these Terms and Conditions;
- communicate information to him, her or them regarding his, her or their account or records;
- inform him, her 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.
Entirety of these Terms and Conditions
These Terms and Conditions constitute the complete and exclusive written expression of the terms of the agreement between the parties hereto relating to the subject matter of these Terms and Conditions, being the consultation and the doctor-patient relationship. As such, they shall likewise constitute written informed consent. For the avoidance of doubt, the terms and conditions of the applicable Virtual Platform (including the FCS/CareFirst platform terms accepted at account creation) continue to govern the platform, account and subscription relationship between the user and the platform owner.
PART THREE – TERMS AND CONDITIONS THAT APPLY SPECIFICALLY TO MINOR CHILDREN UNDER THE AGE OF 12
Application and Scope
This Part Three applies to a Patient who is a minor child under the age of 12 (twelve) years (“Young Child“). This Part Three supplements and forms an integral part of these Terms and Conditions. In the event of any conflict between this Part Three and the body of these Terms and Conditions or Part Four, the provisions of this Part Three shall prevail in respect of a Young Child.
Parent or Guardian Consent is Absolute
PLEASE TAKE NOTE THAT, in accordance with the law, a Young Child does not possess the legal capacity to enter into any agreement, give informed consent to medical treatment, or authorise the processing of his or her personal information. As such, the Practice’s Medical Practitioner may not render a Virtual Health Service to a Patient who is a Young Child without his or her Parent or Guardian present.
Any and all rights, obligations, consents, authorisations, representations, and warranties set out in these Terms and Conditions and in this Part Three must, without exception, be exercised, given and made by the Guardian on behalf of a Patient who is a Young Child.
Mandatory Presence and Participation of the Parent and/or Guardian
The Parent and/or Guardian of the Patient who is a Young Child, by accepting these Terms and Conditions and this Part Three, represents and warrants to the Practice that:
- he or she is the lawful parent or legal guardian of the Patient who is a Young Child in terms of the Children's Act, 2005 (Act No. 38 of 2005), as amended ("Children's Act"), and possesses full parental responsibilities and rights in respect of the Patient who is a Young Child;
- he or she has the legal authority and is legally competent to consent to any action or decision taken in respect of the Patient who is a Young Child, as contemplated in section 35(1)(a) of the PoPI Act and in terms of the NHA; and
- he or she has the authority to disclose all personal and health information pertaining to the Patient who is a Young Child to the Practice and the Medical Practitioner, as required for the proper rendering of the Virtual Health Service.
Where the Parent and/or Guardian is not the biological parent, he or she will, on request by the Practice, forthwith provide documentary proof of his or her guardianship, whether by court order, affidavit or other legally recognised instrument.
Informed Consent on behalf of the Patient who is a Young Child
By accepting these Terms and Conditions and this Part Three, the Parent or Guardian, as the competent person in terms of section 35(1)(a) of the PoPI Act and the NHA:
- provides his or her prior, informed and voluntary written consent to the Practice and the Medical Practitioner to collect, process, store, use and disclose the personal and health information of the Patient who is a Young Child, as is necessary for the rendering of the Virtual Health Service;
- gives written INFORMED CONSENT to the Virtual Health Service to be rendered to the Patient who is a Young Child by the Medical Practitioner; and
- acknowledges that the Practice and the Medical Practitioner are entitled to rely on such consent as the lawful basis for processing the personal and health information of the Patient who is a Young Child for the purposes of and incidental to the rendering of the Virtual Health Service, in terms of sections 34 and 35(1)(a) of the PoPI Act.
Processing of the Personal and Health Information of the Patient who is a Young Child
In accordance with sections 34 and 35 of the PoPI Act, the Practice confirms that:
- the personal and health information of the Patient who is a Young Child will be processed solely for the purpose of rendering the Virtual Health Service and for such further purposes as are strictly necessary and directly incidental thereto;
- the personal and health information of the Patient who is a Young Child will not be shared with any third party save as expressly provided for in these Terms and Conditions or as required by law;
- it will not encourage or request the Patient who is a Young Child to disclose more personal information than is reasonably necessary for the purpose for which such information is collected, in accordance with section 35(3)(c) of the PoPI Act; and
- the Parent or Guardian may, upon request, review the personal information of the Patient who is a Young Child held by the Practice and may instruct the Practice to correct any inaccurate information, in accordance with section 35(3)(a) of the PoPI Act.
Parent's and/or Guardian's Obligations and Warranties
THE GUARDIAN REPRESENTS AND WARRANTS THAT HE OR SHE WILL:
Parent's and/or Guardian's Obligations and Warranties
- ACT AT ALL TIMES IN THE BEST INTERESTS OF THE YOUNG CHILD, AS REQUIRED BY SECTION 28(2) OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 ("THE CONSTITUTION"), AND SECTION 9 OF THE CHILDREN'S ACT;
- DISCLOSE TO THE MEDICAL PRACTITIONER ALL RELEVANT INFORMATION, NO MATTER HOW TRIVIAL, PERTAINING TO THE YOUNG CHILD'S CURRENT HEALTH, DEVELOPMENTAL HISTORY, PAST MEDICAL HISTORY, ALLERGIES, CURRENT MEDICATION AND ANY OTHER INFORMATION THAT MAY HAVE A BEARING ON THE VIRTUAL HEALTH SERVICE TO BE RENDERED; AND
- IMMEDIATELY SEEK FACE-TO-FACE EMERGENCY MEDICAL CARE FOR THE PATIENT WHO IS A YOUNG CHILD SHOULD THE YOUNG CHILD'S CONDITION DETERIORATE, WORSEN OR REQUIRE EMERGENCY INTERVENTION BEYOND THE SCOPE OF THE VIRTUAL HEALTH SERVICE.
Important Limitations of the Virtual Health Service for Young Children
THE PARENT OR GUARDIAN ACKNOWLEDGES AND ACCEPTS THAT:
- THE VIRTUAL HEALTH SERVICE IS NOT A SUBSTITUTE FOR AN IN-PERSON PAEDIATRIC CONSULTATION AND THE MEDICAL PRACTITIONER'S ABILITY TO PHYSICALLY EXAMINE THE PATIENT WHO IS A YOUNG CHILD IS INHERENTLY LIMITED BY THE VIRTUAL MEDIUM; AND
- THE MEDICAL PRACTITIONER MAY, IN HIS OR HER SOLE CLINICAL DISCRETION, DECLINE TO RENDER THE VIRTUAL HEALTH SERVICE AND REFER THE PARENT OR GUARDIAN TO AN IN-PERSON CONSULTATION IF, IN THE MEDICAL PRACTITIONER'S CLINICAL JUDGEMENT, THE YOUNG CHILD'S CONDITION REQUIRES PHYSICAL EXAMINATION OR EMERGENCY CARE.
PART FOUR – TERMS AND CONDITIONS THAT APPLY SPECIFICALLY TO MINOR CHILDREN BETWEEN THE AGES OF 12 AND 18
Application and Scope
This Part Four applies to a Patient who is a minor child aged 12 (twelve) years or older but under 18 (eighteen) years of age (“Adolescent” or “Adolescent Patient“). This Part Four supplements and forms an integral part of these Terms and Conditions. In the event of any conflict between this Part Four and the body of these Terms and Conditions or Part Three, the provisions of this Part Four shall prevail in respect of an Adolescent.
Legal Capacity
An Adolescent remains a minor in terms of South African law and accordingly does not have full legal capacity to enter into a binding agreement. Notwithstanding this, South African law recognises that an Adolescent has certain limited rights to participate in decisions affecting him or her, including in relation to medical treatment, as set out below.
Medical Consent – Dual Consent Framework
PLEASE TAKE NOTE THAT section 129 of the Children’s Act provides that a child of 12 years or older may independently consent to a medical examination, the performance of a medical procedure and the carrying out of a surgical operation, provided that child is of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of the treatment.
The Practice operates a dual consent framework in respect of Adolescent Patients:
- where the Parent or Guardian is available and present: both the Parent or Guardian and the Adolescent Patient will be requested to provide informed consent to the Virtual Health Service. The Parent's/Guardian's consent remains the primary and binding consent for purposes of these Terms and Conditions and for purposes of the PoPI Act; and
- where the Parent or Guardian is unavailable: the Medical Practitioner may, in his or her sole clinical and professional discretion, assess whether the Adolescent Patient is of sufficient maturity and mental capacity to provide independent consent in terms of section 129 of the Children's Act. The Practice records and relies on such assessment as its lawful basis for proceeding. The Practice accepts no liability for any erroneous self-representation of age or maturity by the Adolescent Patient.
The Practice will respect an Adolescent Patient’s rights in terms of sections 129, 130 and 134 of the Children’s Act to consult a Medical Practitioner regarding contraception, HIV/STI testing and counselling, and pregnancy-related matters without parental consent or knowledge, thereby maintaining confidentiality with respect to such virtual consultations.
Notwithstanding the Adolescent Patient’s right to confidentiality, the Practice and the Medical Practitioner have a mandatory legal duty under section 110 of the Children’s Act to report suspected abuse, neglect, deliberate injury or exploitation of a minor child to the relevant authorities. This duty applies regardless of whether the minor has consented to the consultation and overrides any duty of confidentiality. Where such a report is made, the Young Child or Adolescent Patient will, where appropriate and safe, be so informed.
The Practice will, regardless of whether Parental or Guardian consent is required, provide the Young Child or Adolescent Patient, in accordance with sections 10 and 13 of the Children’s Act, with information about the consultation, diagnosis and treatment plan in a manner appropriate for their age and maturity and seek his or her assent or views, where possible.
Processing of the Adolescent Patient's Personal and Health Information under the PoPI Act
Notwithstanding the above provisions, the blanket prohibition in section 34 of the PoPI Act on the processing of a child’s personal information applies equally to an Adolescent and is not displaced by the Adolescent’s capacity to consent to medical treatment in terms of the Children’s Act. Accordingly:
- the Parent or Guardian, as the competent person in terms of section 35(1)(a) of the PoPI Act, remains the primary person who must provide prior consent to the Practice for the collection, processing and storage of the Adolescent Patient's personal and health information;
- where the Parent or Guardian is unavailable and the Medical Practitioner has assessed the Adolescent Patient as having sufficient maturity, the Practice shall seek to obtain the Parent's or Guardian's subsequent ratification of the processing of the Adolescent Patient's personal and health information as soon as reasonably practicable after the consultation; and
- the Adolescent Patient's personal and health information will be processed solely for the purpose of rendering the Virtual Health Service, and the Practice will not encourage or request the Adolescent Patient to disclose more personal information than is strictly necessary for that purpose, in accordance with section 35(3)(c) of the PoPI Act.
Confidentiality and Parental Access to Medical Information
If an Adolescent Patient independently consents to the Virtual Health Service in terms of section 129 of the Children’s Act, the Medical Practitioner may, in his or her sole professional and ethical discretion and in accordance with the HPCSA guidelines, afford the Adolescent Patient a degree of confidentiality in respect of the information disclosed during the consultation. Notwithstanding this:
- the best interests of the Adolescent Patient shall at all times be paramount, as required by section 28(2) of the Constitution and section 9 of the Children's Act;
- the Medical Practitioner will retain an overriding discretion to disclose medical information to the Parent or Guardian where, in the Medical Practitioner's clinical judgement, such disclosure is necessary to prevent serious harm to the Adolescent Patient or to others; and
- the Parent or Guardian, as the competent person in terms of the PoPI Act, will have the right to request access to the Adolescent Patient's medical records held by the Practice, subject to the Medical Practitioner's discretion as aforesaid and to applicable law.
Parent's / Guardian's Continuing Obligations
Notwithstanding the Adolescent Patient’s limited right to consent independently to certain medical procedures, the Parent or Guardian will remain jointly responsible for the following in terms of these Terms and Conditions and applicable law:
- payment of the Practice's fees and charges for the Virtual Health Service rendered to the Adolescent Patient, as co-principal debtor with the Adolescent Patient, unless provided for under any one of the Subscription Offerings or Non-Subscription Offerings;
- ensuring that the Adolescent Patient seeks appropriate in-person medical care if and to the extent that the condition treated by the Virtual Health Service persists or deteriorates; and
- providing consent for the processing of the Adolescent Patient's personal and health information as required by sections 34 and 35 of the PoPI Act, save only in circumstances where the Parent or Guardian is unavailable and the above provisions apply.
Important Limitations of the Virtual Health Service for Adolescents
THE PARENT/GUARDIAN AND THE ADOLESCENT PATIENT ACKNOWLEDGE AND ACCEPT THAT:
- THE VIRTUAL HEALTH SERVICE IS NOT A SUBSTITUTE FOR AN IN-PERSON CONSULTATION AND THE MEDICAL PRACTITIONER'S ABILITY TO EXAMINE THE ADOLESCENT PATIENT IS INHERENTLY LIMITED BY THE VIRTUAL MEDIUM; AND
- THE MEDICAL PRACTITIONER MAY, IN HIS OR HER SOLE CLINICAL DISCRETION, DECLINE TO RENDER THE VIRTUAL HEALTH SERVICE AND REFER THE ADOLESCENT PATIENT AND/OR THE PARENT OR GUARDIAN TO AN IN-PERSON CONSULTATION IF, IN THE MEDICAL PRACTITIONER'S CLINICAL JUDGEMENT, THE ADOLESCENT PATIENT'S CONDITION REQUIRES PHYSICAL EXAMINATION OR EMERGENCY CARE.
PART FIVE – DATA BREACH NOTIFICATION, CROSS-BORDER DATA TRANSFERS AND DATA SUBJECT ACCESS RIGHTS
Application and Scope
This Part Five applies to all Patients, Guardians, Guarantors and Responsible Persons who are party to these Terms and Conditions, irrespective of age. Part Five forms an integral part of these Terms and Conditions, and is in addition to and/or supplements those provisions in these Terms and Conditions dealing with the PoPI Act and the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), as amended (“PAIA“). In the event of any conflict between this Part Five and the body of these Terms and Conditions, the provisions of this Part Five shall prevail in respect of the subject matter hereof.
Security Compromise and Data Breach Notification
The Practice, as responsible party, confirms that it has implemented reasonable technical and organisational measures to guard against the unauthorised access to, loss of, damage to or destruction of the personal information it holds, as required by section 19 of the PoPI Act and the Health Information Regulations.
In the event of a security compromise as contemplated in section 22 of the PoPI Act (“Data Breach“), being any situation where there are reasonable grounds to believe that the personal or health information of a data subject has been accessed or acquired by an unauthorised person, the Practice undertakes to comply with its statutory obligations, which include the following:
- the Practice will notify the Information Regulator as soon as reasonably possible after becoming aware of the Data Breach, in the manner and form prescribed by the Information Regulator from time to time;
- the Practice will notify the affected data subject or data subjects of the Data Breach as soon as reasonably possible, unless the Information Regulator directs otherwise or the identity of the affected data subjects cannot be established;
- the notification to the affected data subject will, to the extent known at the time of notification, include a description of the possible consequences of the Data Breach, the measures that the Practice has taken or intends to take to address the Data Breach, and a recommendation of protective measures that the data subject may take to mitigate the potential adverse effects of the Data Breach; and
- notification will be given by the most appropriate means in the circumstances, which may include electronic mail, SMS or other electronic messaging, having regard to the nature of the Data Breach and the contact details held by the Practice for the affected data subject.
THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, ACKNOWLEDGES AND ACCEPTS THAT:
- THE PRACTICE'S OBLIGATION TO NOTIFY IS SUBJECT TO, AND WILL BE EXERCISED IN ACCORDANCE WITH, THE REQUIREMENTS OF SECTION 22 OF THE POPI ACT AND ANY APPLICABLE DIRECTIVES OR GUIDANCE ISSUED BY THE INFORMATION REGULATOR FROM TIME TO TIME;
- IN CERTAIN CIRCUMSTANCES PRESCRIBED BY LAW, THE PRACTICE MAY BE DIRECTED BY THE INFORMATION REGULATOR TO DELAY NOTIFICATION TO THE AFFECTED DATA SUBJECT; AND
- NOTIFICATION OF A DATA BREACH DOES NOT OF ITSELF CONSTITUTE AN ADMISSION OF LIABILITY OR FAULT ON THE PART OF THE PRACTICE OR THE MEDICAL PRACTITIONER.
The data subject may, in the event of a Data Breach or suspected Data Breach, contact the Practice’s Information Officer at info@shihealthcare.co.za for further information or assistance.
Cross-Border Transfers of Personal and Health Information
The Virtual Platform and associated cloud infrastructure may, in the ordinary course of providing the Virtual Health Service, involve the processing or storage of personal and health information on servers or systems located outside the Republic of South Africa. To the extent that such cross-border transfer of personal or health information occurs, the Practice confirms that it will comply with the requirements of section 72 of the PoPI Act, which provides that personal information may only be transferred to a foreign country or territory if one of the following conditions is satisfied:
- the recipient country, territory or international organisation maintains an adequate level of protection for the processing of personal information that is substantially similar to the conditions for the lawful processing of personal information set out in Chapter 3 of the PoPI Act;
- the data subject consents to the transfer;
- the transfer is necessary for the performance of a contract between the data subject and the responsible party, or for the implementation of pre-contractual measures taken in response to the data subject's request;
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the responsible party and a third party; or
- the transfer is for the benefit of the data subject, and it is not reasonably practicable to obtain the consent of the data subject, and if it were reasonably practicable to obtain such consent, the data subject would be likely to give it.
Where the personal or health information to be transferred constitutes special personal information as defined in section 26 of the PoPI Act, including health information, the Practice will, prior to effecting such transfer, obtain the prior authorisation of the Information Regulator as required by section 57(1)(d) of the PoPI Act, unless the transfer falls within one of the exemptions provided for in the PoPI Act or an applicable code of conduct issued under Chapter 7 of the PoPI Act.
By accepting these Terms and Conditions, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, consents to the processing, storage and transfer of his, her or their personal and health information to the extent necessary for the rendering of the Virtual Health Service and the administration thereof, provided that such transfer is effected in accordance with the requirements of section 72 of the PoPI Act.
The Practice will, on written request by the data subject to info@shihealthcare.co.za, provide reasonable details of the countries or territories to which personal information may be transferred and the safeguards that have been put in place in respect of such transfers, to the extent that such disclosure is permitted by law and does not compromise the Practice’s security measures.
Data Subject Access Rights
In terms of the PoPI Act and PAIA, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, has the following rights in respect of his, her or their personal information held by the Practice:
- the right to access – the right to request confirmation from the Practice of whether or not it holds personal information about the data subject and, if so, to request a description of that personal information, in accordance with section 23 of the PoPI Act and PAIA;
- the right to correction or deletion – the right to request the Practice to correct or delete personal information about the data subject that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully, or to destroy or delete a record of personal information about the data subject that the Practice is no longer authorised to retain, in accordance with section 24 of the PoPI Act;
- the right to object – the right to object, on reasonable grounds relating to his, her or their particular situation, to the processing of personal information about the data subject, in accordance with section 11(3) of the PoPI Act, provided that such objection will not affect personal information that the Practice is required to process by law or in terms of these Terms and Conditions; and
- the right to complain – the right to submit a complaint to the Information Regulator regarding any alleged interference with the protection of personal information, in accordance with section 74 of the PoPI Act.
Requests to exercise any of the abovementioned rights may be directed to the Practice’s Information Officer at info@shihealthcare.co.za or by post to the physical address of the Practice set out in the definitions section of these Terms and Conditions, marked for the attention of the Information Officer. The Practice will respond to such requests within the timeframes prescribed by the PoPI Act and PAIA.
Access to records of the Practice, including personal information, is subject to the provisions of PAIA. The Practice’s PAIA Manual, published in terms of section 51 of PAIA, contains the prescribed procedure for requesting access to records and is available for download from the Practice’s website at www.shihealthcare.co.za. Requests for access to information will be processed in accordance with the prescribed PAIA procedure and the applicable prescribed fee structure.
Information Officer
The Practice has appointed an Information and Deputy Information Officer, as required by sections 55 and 56 of the PoPI Act, who are responsible for, amongst others, encouraging compliance with the PoPI Act within the Practice, dealing with requests made by data subjects and working with the Information Regulator in relation to investigations. The Practice’s Information Officer may be contacted at info@shihealthcare.co.za or by post to the physical address of the Practice set out in the definitions section of these Terms and Conditions, marked for the attention of the Information Officer. All formal requests relating to personal information must be directed to the Information Officer in writing.
The Information Regulator
The Information Regulator is the independent regulatory body responsible for the enforcement of the PoPI Act and PAIA. Any data subject who believes that the Practice has interfered with his, her or their personal information may submit a complaint to the Information Regulator at the following contact details:
| Item | Detail |
|---|---|
| POPIA Complaints (Privacy) | POPIAComplaints@inforegulator.org.za |
| PAIA Complaints (Access to Information) | PAIAComplaints@inforegulator.org.za |
| General Helpline | 010 023 5200 |
| Toll-Free Number | 0800 017 160 |
| Email for General Enquiries | enquiries@inforegulator.org.za |
| Physical Address | Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191 |
| Postal Address | P.O. Box 31533, Braamfontein, Johannesburg, 2017 |
| eServices / iSupport Portal | https://eservices.inforegulator.org.za/Contact.aspx |
The submission of a complaint to the Information Regulator does not affect the data subject’s right to institute civil proceedings against the Practice in a competent court, subject to the provisions of the PoPI Act.