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
These terms and conditions are accepted once, when you create your account on the CareFirst patient platform (https://www.patient.care-first.co.za). They govern your relationship with FCS as the owner and operator of the platform. The healthcare services themselves are rendered by an independent medical practice, and a separate set of Practice Terms and Conditions must be accepted before every consultation.
PLEASE TAKE A MOMENT TO READ
PLEASE TAKE A MOMENT TO READ THESE TERMS AND CONDITIONS TO UNDERSTAND HOW THEY APPLY TO YOU, THE ACCOUNT HOLDER, WHEN CREATING AN ACCOUNT ON AND USING THE CAREFIRST PLATFORM.
If you have any questions regarding these Terms and Conditions, please contact FCS at support@care-first.co.za, as it is your responsibility to ask FCS to explain any term or condition before accepting these Terms and Conditions and accessing or using the Platform.
1. ABOUT THESE TERMS AND THE PLATFORM
1.1 The CareFirst patient platform, accessible at https://www.patient.care-first.co.za (the “Platform“), is a product owned and operated by First Care Solutions (Pty) Ltd (Registration Number 2011/011890/07) (“FCS“).
1.2 These Terms and Conditions (these “Terms“) govern:
- the creation, maintenance and use of an account on the Platform (an "Account");
- your access to and use of the Platform's functionality, including the booking of virtual consultations with a participating medical practice.
- the purchase and use of Subscriptions (defined below); and
1.3 The Platform is not a medical practice and does not render healthcare services. All virtual health services booked through the Platform are rendered by an independent, registered medical practice (the “Practice“), under a separate set of terms and conditions between you (and/or the patient) and the Practice (the “Practice Terms and Conditions“). The Practice Terms and Conditions must be read and accepted before every consultation. FCS is not a party to the Practice Terms and Conditions and the Practice is not a party to these Terms.
1.4 To the extent there is any conflict between these Terms and the Practice Terms and Conditions: these Terms prevail in respect of the Platform, the Account and Subscriptions; the Practice Terms and Conditions prevail in respect of the consultation, the doctor-patient relationship and the rendering of virtual health services.
2. DEFINITIONS
The following definitions apply to these Terms:
“Account Holder” means the natural or juristic person in whose name the Account is registered, who must, in the case of a natural person, be at least 18 (eighteen) years of age.
“B2B Subscriber” means the person who has access to a B2B Subscription through a Corporate Participant.
“B2B Subscription” means a subscription of that name on the 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 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; or (b) a once-off payment for a consultation with a medical practitioner of the Practice.
“Corporate Participant” means an employer or other juristic person that has entered into a Platform Services Agreement with FCS for the benefit of its employees or members.
“Dependent Profile” means a profile created under an Account by the Account Holder for a person for whom the Account Holder may lawfully act, including a minor child of whom the Account Holder is the parent or legal guardian.
“Practice” means the independent medical practice rendering virtual health services booked through the Platform, presently Dr S Holt Inc (CIPC Registration Number 2016/145481/21), or such other registered practice as may be identified on the Platform from time to time.
“Prescribed Consultations” means the number of consultations subscribed for by B2B Subscribers or the number of consultations per number of tokens subscribed for by B2C Subscribers, including once-off payments.
“Subscription” means a B2B Subscription or a B2C Subscription, as the case may be.
3. ACCOUNT CREATION, ELIGIBILITY AND MINORS
3.1 You must be 18 or older to hold an Account. By creating an Account, the Account Holder represents and warrants that he, she or they:
- is at least 18 (eighteen) years of age and possesses the legal right, capacity and ability to enter into a legally binding agreement with FCS;
- has provided information that is true, accurate, current and complete in every respect; and
- will keep the Account information up to date.
3.2 Minors may not create their own Accounts. A minor child (any person under the age of 18) may only access the Platform as a patient through a Dependent Profile created and managed by his or her parent or legal guardian as the Account Holder.
3.3 By creating a Dependent Profile for a minor child, the Account Holder represents and warrants that he or she is the parent or legal guardian of, or other competent person (as contemplated in section 35(1)(a) of the Protection of Personal Information Act, 2013) in respect of, that minor child, and consents, as such competent person, to the processing of the minor child’s personal information by FCS strictly for the purposes of operating the Account, the Dependent Profile and the booking functionality of the Platform.
3.4 All terms governing the consultation itself in respect of a minor child – including parental presence, consent to treatment and the confidentiality of adolescent consultations – are contained in the Practice Terms and Conditions, which must be accepted before every consultation.
3.5 FCS reserves the right to suspend or terminate any Account created or used in breach of this clause 3.
4. LEGALLY BOUND AND ELECTRONIC SIGNATURE
4.1 By clicking on the “I ACCEPT” button when creating an Account on the Platform, the Account Holder agrees to be legally bound by these Terms.
4.1 By clicking on the “I ACCEPT” button when creating an Account on the Platform, the Account Holder agrees to be legally bound by these Terms.
4.2 Such action constitutes the electronic signature of the Account Holder for the purposes of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended (the “ECT Act“), and a legally binding and enforceable agreement shall come into being between FCS and the Account Holder upon the terms set out in these Terms.
4.3 The Account Holder is entitled to call for and be provided with an electronic PDF copy of these Terms.
5. REGULATORY ISSUES
5.1 Consumer Protection Act
The Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended (“CPA“), applies to these Terms with respect only to those persons who are defined and considered a “consumer” for purposes of the CPA. Nothing in these Terms is intended or understood to unlawfully restrict, limit or avoid any right or obligation created in terms of the CPA. A restriction, limitation or disclaimer in these Terms 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 shall not apply in so far as it contravenes the CPA. In accordance with the CPA, these Terms highlight words in bold print, capitals or other emphasis to bring attention to their importance, as they may limit risk or liability, create risk or liability, require or provide some form of indemnification 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.
5.2 ECT Act and PoPI Act
These Terms, the Platform, the communication and transfer of data and the use of electronic methods for the collection, processing and storage of information are subject to the ECT Act and the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended (the “PoPI Act“).
5.3 Supplier information (section 43 of the ECT Act)
FCS, as a “supplier” under the ECT Act, discloses the following prescribed information:
| Item | Detail |
|---|---|
| Full name | First Care Solutions (Pty) Ltd (also styled First Care Solutions Proprietary Limited) |
| Type of entity | Private company ((Pty) Ltd), founded 2007 (originally ER Corporate Administration (Pty) Ltd) |
| Registration number | 2011/011890/07 |
| Office bearers | Refer to CIPC / BizPortal |
| Main business | The provision of a digital platform for the booking of and subscription to virtual health services |
| Physical address (for receipt of legal process & street) | The Place, 1 Sandton Drive, Sandhurst, Sandton, 2196, Republic of South Africa |
| Postal address | Postnet Suite 369, Private Bag X51, Bryanston, 2021 |
| info@firstcare.solutions | |
| Telephone | +27 (0)11 706 4049 |
| Website | https://www.carefirst.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://firstcare.solutions/wp-content/uploads/2025/10/PAIA-51-Manual-First-Care-Solutions-Signed.pdf |
6. SUBSCRIPTIONS, PRICING AND PAYMENT TO FCS
6.1 The Platform offers B2B Subscriptions (through Corporate Participants) and B2C Subscriptions (monthly, annual or once-off).
6.2 To the extent the Account Holder is a B2B Subscriber or B2C Subscriber, FCS shall pay the Practice its applicable fees for consultations in terms of the applicable Subscription, which shall be limited and restricted to the number of Prescribed Consultations.
6.3 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.
6.4 FCS reserves the right to discontinue or change the prices, fees, costs and specifications of its products and services from time to time without notice, provided that changes will not affect Subscriptions already paid for in respect of their current subscription period.
6.5 Unless otherwise specifically stated that the amount concerned is inclusive of VAT, all amounts provided for in these Terms will be exclusive of VAT (if applicable) and any VAT chargeable will be added onto such amount and be payable by the Account Holder. The payor will be entitled to request a VAT invoice.
6.6 Fees charged by the Practice for consultations falling outside a Subscription (including medical aid billing, co-payments and shortfalls) are governed by the Practice Terms and Conditions and are payable to the Practice, not to FCS.
6.7 The Account Holder represents and warrants that, in respect of any payment made to FCS through the Platform: the payment information supplied is true and correct in every respect; the Account Holder is fully authorised to use the payment method supplied; and the payment method has and will have sufficient funds available.
6.8 Cooling-off period for B2C purchases (ECT Act section 44)
Where the Account Holder is a consumer who has purchased a B2C Subscription or a once-off consultation through the Platform, the Account Holder is entitled, in terms of section 44 of the ECT Act, to cancel that transaction without reason and without penalty within 7 (seven) days after the date on which the transaction was concluded. The Account Holder may exercise this right by notifying FCS in writing at support@care-first.co.za within the said 7 (seven) day period. Where the cooling-off right applies, FCS will refund the amount paid by the Account Holder within 30 (thirty) days of the date of cancellation.
The cooling-off right does not apply, and no refund will be due, to the extent that:
- the Account Holder has requested that a consultation begin within the 7 (seven) day cooling-off period and that consultation has been rendered, in whole or in part, before the Account Holder cancels - a consultation that has been rendered is not refundable;
- in respect of a Subscription, one or more consultations have been redeemed or rendered under the Subscription during the cooling-off period, in which case the amount refundable will be reduced by the value of the consultations so redeemed or rendered; or
- the transaction otherwise falls within an exception to the cooling-off right provided for in the ECT Act.
For clarity, this cooling-off right relates to the platform transaction with FCS. The conduct and outcome of any consultation already rendered is governed by the Practice Terms and Conditions and is a matter between the patient and the Practice.
7. AVAILABILITY OF AND ACCESS TO THE PLATFORM
7.1 Access to the Platform is subject to availability and the Platform’s services are provided only within the Republic of South Africa.
7.2 To the extent permitted in law, FCS makes no representation or warranty, whether implied or otherwise, that:
- subject to the continuous supply of electricity from the electricity grid and the 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.
7.4 The Account Holder acknowledges that the Platform may have technological limitations due to, amongst others, possible power loss, power outages or load shedding and internet or data failures.
8. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
8.1 FCS, as the owner and manager of the Platform, has implemented the requisite security and confidentiality measures and safeguards to process, store and protect the personal information (including, where applicable, health-related booking information) of Account Holders and Dependent Profiles, as contemplated in the PoPI Act.
8.2 The Account Holder is referred to FCS’s privacy policy on the Platform, which is incorporated into these Terms by reference. By creating an Account, the Account Holder is deemed to have read, understood and accepted the privacy policy.
8.3 The Account Holder confirms that all information has been and will be voluntarily provided, and consents to and authorises the processing, storage and retention of such information for the purposes required in law or by FCS in order to operate the Platform, administer Subscriptions and facilitate bookings with the Practice.
8.4 Sharing with the Practice. The Account Holder consents to FCS sharing with the Practice such personal information of the Account Holder, the patient and any Dependent Profile as is necessary for the booking and rendering of a consultation and the administration of the applicable Subscription. The clinical record arising from any consultation is created, held and controlled by the Practice under the Practice Terms and Conditions, not by FCS.
8.5 Children’s information. FCS processes the personal information of a minor child only with the consent of the Account Holder as the competent person contemplated in section 35(1)(a) of the PoPI Act (see clause 3.3), only for the purposes of the Account, the Dependent Profile and bookings, and will not request a minor child to disclose more personal information than is reasonably necessary for those purposes (section 35(3)(c) of the PoPI Act).
8.6 Security compromise and data breach notification
In the event of a security compromise as contemplated in section 22 of the PoPI Act (“Data Breach“), FCS undertakes to comply with its statutory obligations, including the following:
- FCS 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;
- FCS 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 FCS has taken or intends to take to address it, and a recommendation of protective measures the data subject may take; and
- notification will be given by the most appropriate means in the circumstances, which may include electronic mail, SMS or other electronic messaging.
THE ACCOUNT HOLDER ACKNOWLEDGES AND ACCEPTS THAT: FCS’S OBLIGATION TO NOTIFY IS SUBJECT TO, AND WILL BE EXERCISED IN ACCORDANCE WITH, SECTION 22 OF THE POPI ACT AND ANY APPLICABLE DIRECTIVES OR GUIDANCE ISSUED BY THE INFORMATION REGULATOR; IN CERTAIN CIRCUMSTANCES PRESCRIBED BY LAW, FCS MAY BE DIRECTED BY THE INFORMATION REGULATOR TO DELAY NOTIFICATION; AND NOTIFICATION OF A DATA BREACH DOES NOT OF ITSELF CONSTITUTE AN ADMISSION OF LIABILITY OR FAULT ON THE PART OF FCS.
8.7 Cross-border transfers of personal information
The Platform and associated cloud infrastructure may, in the ordinary course, involve the processing or storage of personal information on servers or systems located outside the Republic of South Africa. To the extent that such cross-border transfer occurs, FCS confirms that it will comply with the requirements of section 72 of the PoPI Act, which permits transfer only where: the recipient is subject to a law, binding corporate rules or a binding agreement providing an adequate level of protection substantially similar to the PoPI Act; the data subject consents; the transfer is necessary for the performance of a contract between the data subject and FCS; the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject; or the transfer is for the benefit of the data subject and it is not reasonably practicable to obtain consent, which consent would likely be given. By accepting these Terms, the Account Holder consents to such processing, storage and transfer to the extent necessary for the operation of the Platform, provided such transfer is effected in accordance with section 72 of the PoPI Act. FCS will, on written request, provide reasonable details of the countries to which personal information may be transferred and the safeguards in place, to the extent permitted by law.
8.8 Data subject access rights
In terms of the PoPI Act and the Promotion of Access to Information Act, 2000 (“PAIA“), the Account Holder (and any data subject) has the following rights in respect of personal information held by FCS:
- the right to access - to request confirmation of whether FCS holds personal information about the data subject and a description thereof (section 23 of the PoPI Act and PAIA);
- the right to correction or deletion - to request correction or deletion of personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully (section 24 of the PoPI Act);
- the right to object - to object, on reasonable grounds, to the processing of personal information (section 11(3) of the PoPI Act); and
- the right to complain - to submit a complaint to the Information Regulator (section 74 of the PoPI Act).
Requests may be directed to FCS’s Information Officer at info@firstcare.solutions or by post to FCS’s physical address, marked for the attention of the Information Officer. FCS will respond within the timeframes prescribed by the PoPI Act and PAIA. Access to records is subject to PAIA and FCS’s PAIA Manual, available on the Platform.
8.9 Information Officer and the Information Regulator
FCS has appointed an Information and Deputy Information Officer, as required by sections 55 and 56 of the PoPI Act, contactable at info@firstcare.solutions. Any data subject who believes that FCS has interfered with his, her or their personal information may submit a complaint to the Information Regulator:
| 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 FCS in a competent court, subject to the provisions of the PoPI Act.
9. CONTACT, COMMUNICATIONS AND ELECTRONIC MESSAGING
9.1 FCS is hereby authorised to contact and/or communicate with the Account Holder by means of one or more of the following methods of communication: telephonic or mobile communication, SMS, WhatsApp or similar messaging service, electronic mail, postal service, courier service and/or hand delivery. The choice of method of communication shall be in the sole discretion of FCS.
9.2 The Account Holder consents to and authorises FCS to send electronic messages to the electronic addresses and contact details supplied, with FCS entitled (but not obliged) to:
- furnish invoices and statements relating to Subscriptions;
- furnish a PDF copy of these Terms;
- communicate information regarding the Account;
- inform the Account Holder of available products and services of FCS and its affiliated businesses; and/or
- inform the Account Holder of promotions and special offers of FCS and its affiliated businesses.
9.3 The Account Holder may opt out of the last two categories of messaging above by updating his, her or their profile on the Platform or by written notice to FCS.
10. PLATFORM DISCLAIMERS
10.1 USE OF THE PLATFORM IS ENTIRELY AT THE RISK OF THE ACCOUNT HOLDER.
10.2 FCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER
10.3 THE ACCOUNT HOLDER, TO THE EXTENT PERMITTED BY LAW, ACCEPTS ALL RISK ASSOCIATED WITH THE EXISTENCE OF SUCH VIRUSES, DESTRUCTIVE MATERIALS OR ANY OTHER DATA OR CODE ABLE TO CORRUPT, COMPROMISE, JEOPARDISE, DISRUPT, DISABLE, HARM OR OTHERWISE IMPEDE 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 FCS, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.
10.4 FCS does not render healthcare services and accepts no liability for the clinical content, quality or outcome of any consultation, which are matters between the patient and the Practice under the Practice Terms and Conditions.
11. EXCLUSION OF LIABILITY AND INDEMNITY
11.1 FCS ACCEPTS 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 PLATFORM OR THE PURCHASE OF ANY PRODUCTS OR SERVICES ON THE PLATFORM.
11.2 IN THE ABSENCE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, FCS 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 ACCOUNT HOLDER FROM, ARISING OUT OF, AS A RESULT OF OR AS A CONSEQUENCE OF: THE USE OF OR RELIANCE UPON THE PLATFORM, INCLUDING THE INABILITY TO USE SAME; AND/OR ANY LINKED THIRD-PARTY WEBSITE, MOBILE APP, DEVICE, EQUIPMENT OR TELEPHONIC SYSTEM.
11.3 THE ACCOUNT HOLDER HEREBY HOLDS FCS HARMLESS AND UNDERTAKES TO INDEMNIFY FCS AGAINST ALL AND/OR ANY DAMAGES AND/OR LOSSES INCURRED AS A CONSEQUENCE OF THE USE OF THE PLATFORM, AND WAIVES ANY AND ALL CLAIMS AGAINST FCS FOR ANY DAMAGES AND/OR LOSSES INCURRED ON OR ARISING FROM THE USE OF THE PLATFORM, SAVE FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON THE PART OF FCS.
11.4 NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, TO THE EXTENT PERMITTED BY LAW, THE LIABILITY OF FCS ARISING FROM ANY BREACH OF THESE TERMS, NEGLIGENCE OR OTHERWISE, SHALL NOT AT ANY TIME EXCEED MORE THAN DOUBLE THE MONETARY VALUE OF ANY AMOUNT PAID TO FCS BY THE ACCOUNT HOLDER FOR THE APPLICABLE SUBSCRIPTION.
12. GENERAL
12.1 English language
All correspondence or notices issued pursuant to and/or in terms of these Terms, as well as all legal actions and court and/or other proceedings, will be written and/or conducted in the English language.
12.2 Service Address
The Account Holder: chooses as his, her or their contact and service details the address details provided on the Account; undertakes to notify FCS of any change in his, her or their contact details 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 FCS likewise consenting to service in the aforesaid manner.
12.3 Jurisdiction
The Account Holder 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 or the Platform.
12.4 Cession
FCS shall, at all times, have the right to cede its rights to demand, recover, claim and/or receive any and all monies owing to FCS by the Account Holder, without having to notify the Account Holder. The Account Holder may not cede, delegate, assign or otherwise transfer his, her, its or their rights and obligations under these Terms to any other person.
12.5 Conflict with the law and severability
Insofar as any of the provisions contained in these Terms 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 such laws. If any provision of these Terms 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 will remain of full force and effect. Any provision 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 and severed from the balance of these Terms.
12.6 Entire agreement
These Terms, together with the privacy policy and any document incorporated by reference, constitute the complete and exclusive written expression of the terms of the agreement between FCS and the Account Holder relating to the Platform, the Account and Subscriptions.