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Terms and Conditions

1. INTRODUCTION

These Terms and Conditions govern access to and use of the Whatsup Doc Telehealth Platform (“the Platform”).

By using the website, booking an appointment, or accessing any services provided through the Platform, the user confirms that they have read, understood, and agree to be bound by these Terms and Conditions.

Use of the Platform includes but is not limited to:

  • Booking telehealth consultations
  • Communicating with healthcare practitioners
  • Submitting medical information or questionnaires
  • Receiving prescriptions, medical certificates or healthcare documentation.

If you do not agree to these Terms and Conditions, you must not use the Platform or its services.

2. DEFINITIONS

Platform:
Whatsup Doc (Pty) Ltd, registration number 2023/756607/07, which operates the online telehealth booking and communication system.

Healthcare Practitioner / Practitioner:
A medical practitioner or healthcare professional registered with the Health Professions Council of South Africa (HPCSA) who provides consultations through the Platform.

Patient:
The person receiving healthcare services through the Platform.

Guardian:
A parent or legal guardian acting on behalf of a minor patient.

Consultation:
A telehealth (remote) interaction conducted through the Platform which may occur:

  • between a patient and a healthcare practitioner, or
  • between healthcare practitioners where clinical input or collaboration is required.

Consultations may occur via messaging, voice call, video call or other electronic communication methods.

3. ROLE OF THE PLATFORM

The Platform provides the technology infrastructure that enables South African patients and healthcare practitioners to connect remotely.

The Platform facilitates:

  • Appointment bookings
  • Communication tools
  • Payment processing
  • Medical documentation exchange.

The Platform does not provide medical treatment or clinical advice.

All clinical care, diagnosis, prescriptions and treatment decisions are the sole responsibility of the treating healthcare practitioner.

4. DOCTOR-PATIENT RELATIONSHIP

A doctor-patient relationship is formed only when a healthcare practitioner accepts and begins a consultation with the patient.

Healthcare practitioners using the Platform operate as independent professionals and are not employees or agents of the Platform.

Each practitioner is responsible for:

  • Medical diagnosis
  • Treatment decisions
  • Prescriptions
  • Medical certificates
  • Clinical advice provided to the patient.

5. SPECIALIST – GENERAL PRACTITIONER CONSULTATIONS

 

Where appropriate and clinically indicated, a Consultation may involve communication between two or more Healthcare Practitioners, including a general practitioner and a specialist, for the purpose of obtaining clinical input, advice, or collaborative management of a Patient.

In such instances:

  • The Patient expressly consents to their medical information, including history, diagnostic results, images, and records, being shared between the involved Healthcare Practitioners for purposes of clinical assessment and management. All measures to ensure privacy and confidentiality of patient information will be put in place.
  • The Patient acknowledges that the consulting practitioners may be located in different physical locations and that such interaction constitutes a telehealth consultation conducted in accordance with applicable South African laws and HPCSA guidelines.
  • The Patient understands that any input or recommendations provided by a specialist are advisory in nature, and that the treating/referring practitioner retains responsibility for final clinical decision-making and patient management.
  • The Patient acknowledges that such consultations carry inherent limitations, including technological constraints and reliance on shared clinical information, which may impact the completeness or accuracy of specialist input.
  • All practitioners participating in such consultations remain individually responsible for their professional conduct and are required to comply with applicable ethical and professional standards.
  • The treating/referring practitioner retains full clinical responsibility and authority for all decisions relating to patient management, notwithstanding any advice or input obtained from a specialist.

 

6. TELEHEALTH LIMITATIONS

Telehealth consultations may have limitations compared with face-to-face consultations.

Patients acknowledge that:

  • Physical examination may not be possible
  • Diagnosis may rely on information provided by the patient
  • Technology or internet connectivity may affect communication quality.
  • There are clinical, professional, social and technological challenges that exist in providing virtual consultations to health care users and acknowledge the challenges posed to health care providers by the potential for limited access to the necessary enabling technology and tools to provide these consultations in a consistent, reliable and safe manner.
  • Following a telehealth consultation, they may still need to go to an outpatient clinic, hospital, or other healthcare site in a timely manner to receive the appropriate care that may be needed and as prescribed by the health care practitioner during the virtual consultation.

Telehealth consultations are not suitable for emergency medical conditions.

If you believe you are experiencing a medical emergency, you must seek immediate in-person medical care or contact emergency services.

7. PATIENT RESPONSIBILITIES

Patients agree to:

  • Provide accurate and complete medical information
  • Disclose all medications currently being taken
  • Disclose allergies, pregnancy status and breastfeeding status
  • Disclose all relevant medical conditions
  • Provide accurate symptoms and medical history.
  • Provide full medical circumstances which may not be immediately apparent in a virtual consultation.

Providing false, incomplete or misleading information may compromise medical care and may result in termination of services. The platform and practitioners accept no responsibility for employment disputes, HR outcomes, legal matters, or misuse of issued certificates. The patient warrants that they are not using the consultation, prescription, sick notes or other related documents for any criminal, illegal, fraudulent, or deceptive purpose, and confirm that this request is not connected to any unlawful activity, investigation, attempt to avoid legal obligations, or drug misuse.

The Patient confirms that the consultation is not related to any illegal activity, drug misuse, assault, or injuries from criminal acts. The Patient agrees to use any prescription legally and as directed.

8. BOOKINGS AND CONSULTATIONS

Patients may book consultations through the Platform.

Appointment times are estimates and may vary depending on practitioner availability.

Consultations may occur through:

  • Secure messaging
  • Telephone consultation
  • Video consultation
  • Other electronic communication tools available on the Platform.

The practitioner may determine that a telehealth consultation is not appropriate, and may advise the patient to seek in-person medical care.

9. PRESCRIPTIONS AND MEDICAL DOCUMENTS

Healthcare practitioners may issue:

  • Prescriptions
  • Medical certificates
  • Laboratory request forms
  • Referral letters

where clinically appropriate.

Acceptance of medical certificates by employers or institutions is not guaranteed and remains at the discretion of the relevant employer or organisation.

All prescriptions must be used lawfully and as directed by the practitioner.

10. PAYMENT AND FEES

Consultation fees are payable through the Platform.

Payments are processed securely through approved payment providers.

Payments may be automatically split between:

  • The healthcare practitioner providing the consultation
  • The Platform for administration and technology services.

All prices are quoted in South African Rand (ZAR).

In terms of specialist – general practitioner consultations, the general practitioner will be charged the fee for the consultation.

11. REFUNDS

Refunds may be issued only in limited circumstances, including:

  • Technical failures preventing a consultation
  • Practitioner cancellation
  • Duplicate payments.

Once approved and processed, refunds may take between 7 and 10 business days to reflect, depending on the payment provider and banking system.

12. RECORDINGS AND MEDICAL RECORDS

Consultations conducted via the Platform may be recorded and stored for medico-legal purposes.

Such recordings form part of the patient’s confidential medical record.

Access to these records is restricted to authorised personnel and healthcare practitioners involved in the patient’s care.

Medical records are maintained in accordance with South African healthcare laws and HPCSA guidelines.

13. PRIVACY AND POPIA COMPLIANCE

The Platform processes personal and medical information in accordance with the Protection of Personal Information Act (POPIA).

Personal information may be used for:

  • Providing healthcare services
  • Maintaining medical records
  • Communication with practitioners
  • Billing and payment processing
  • Complying with legal obligations.

Medical information may be shared with:

  • Healthcare practitioners involved in care
  • Laboratories or pharmacies where required
  • Medical aid administrators where applicable.

The Platform implements reasonable technical and organisational safeguards to protect personal information.

14. INFORMED CONSENT

By using the Platform and proceeding with a consultation, the patient provides informed consent for telehealth services. By accepting these terms and conditions, the Patient (or Guardian, as the case may be) hereby gives or is deemed to have given the requisite written “INFORMED CONSENT” in terms of the common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

This consent includes acknowledgement that:

  • Telehealth consultations occur remotely using electronic communication
  • The practitioner may not perform a physical examination
  • Diagnosis may rely on patient-provided information
  • There may be technical interruptions.

The patient confirms that they understand the risks and limitations of telehealth consultations and voluntarily agree to proceed.

15. USE OF PLATFORM AT OWN RISK

Use of the Platform and its services is entirely at the user’s own risk.

While reasonable efforts are made to maintain platform availability and security, the Platform does not guarantee:

  • Uninterrupted service
  • Error-free operation
  • Complete protection against technical failures or cyber threats.

16. LIMITATION OF LIABILITY

To the extent permitted by law, the Platform shall not be liable for any damages arising from:

  • Medical advice provided by healthcare practitioners
  • Misuse of prescriptions or medical documents
  • Inaccurate information provided by the patient
  • Technology or internet failures
  • Third-party service providers.

Healthcare practitioners remain independently responsible for clinical services they provide.

The Patient acknowledges and agrees that:

  • Telehealth consultations have inherent limitations, including the inability to perform a physical examination.
  • Diagnosis and treatment are based on the information provided by the Patient, which may be incomplete or inaccurate.
  • No guarantees are made regarding the accuracy of diagnosis, effectiveness of treatment, or clinical outcomes.

The Patient voluntarily assumes all risks associated with the use of telehealth services.

To the fullest extent permitted by law, the Patient hereby:

  • indemnifies and holds harmless the Platform, its directors, employees, agents, and all Healthcare Practitioners from any claims, damages, losses, or liabilities arising from:

    • the consultation
    • any medical advice or treatment provided
    • any omission or delay in care
    • reliance on the services provided via the Platform

This exclusion does not apply in cases of gross negligence or wilful misconduct.

17. COMPLAINTS

Patients may submit complaints or queries regarding platform services by contacting:

Email: info@whatsupdoc.net

Complaints regarding professional conduct of healthcare practitioners may also be submitted to the Health Professions Council of South Africa (HPCSA).

18. GOVERNING LAW

These Terms and Conditions are governed by the laws of the Republic of South Africa.

Any disputes arising from the use of the Platform shall fall under the jurisdiction of the South African courts.

19. ACCEPTANCE OF TERMS

By accessing the website, booking a consultation, or using the Platform’s services, the user confirms that they:

  • Have read these Terms and Conditions
  • Understand the limitations of telehealth services
  • Consent to the processing of personal information
  • Provide informed consent for telehealth consultations
  • Agree to use the Platform in accordance with these Terms.

DISCLAIMERS

USE OF THE WHATSUP DOC 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 PLATFORM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE PLATFORM DOES NOT WARRANT THAT THE WHATSUP DOC  PLATFORM AND/OR THE VIRTUAL HEALTH SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE 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 PLATFORM.

EXCLUSION OF LIABILITY AND INDEMNITY

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

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

–      THE VIRTUAL HEALTH SERVICES RENDERED ON THE PLATFORM;

–      THE USE OF OR THE RELIANCE UPON THE WHATSUP DOC PLATFORM, INCLUDING BUT NOT LIMITED TO THE PLATFORM’S WEBSITE; 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 PLATFORM AND PRACTITIONERS 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 PLATFORM 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 WHATSUP DOC PLATFORM,

NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, TO THE EXTENT PERMITTED BY LAW, THE LIABILITY OF THE PLATFORM 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.

REGULATORY ISSUES

Consumer Protection Act

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

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

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

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

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

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

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

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 and personal 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 Platform’s Medical Practitioner; and
  • all healthcare providers, healthcare provider partners and administrators of The Platform.
  • the Platform 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; 

–      the Platform to call for and obtain medical information on the Patient as may be applicable or necessary for the diagnosis and/or treatment of the Patient.

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

PRIVACY OF THE PATIENT’S MEDICAL AND PERSONAL INFORMATION

Save as otherwise provided for in this Agreement, the Patient’s medical and personal information may be recorded and 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 Platform takes the Patient’s privacy of personal information seriously and to this end has implemented reasonable security measures to guard against the unauthorised disclosure of patient information, as contemplated in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended. In this regard:

–      the Patient, the Guardian, the Guarantor and the Responsible Person is referred to the Platform’s PoPI Policy and

–      the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, hereby confirm that all information has been and will be voluntarily provided by him, her or them, hereby consenting to the processing, storage and retention of such information for the purposes required in law or by the Platform and Practitioners in order to render the Virtual Health Service and be paid for such Virtual Health Service.

INFORMED CONSENT

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

–      the Patient’s health status, except in circumstances where there is substantial evidence that the disclosure would be contrary to the best interests of the Patient;

–      the range of diagnostic procedures and treatment options available to the Patient;

–      the benefits, risks, costs and consequences generally associated with each option;

–      the Patient’s right to refuse health services and an explanation of the implications, risks and obligations of such refusal;

–      the diagnosis and prognosis and the likely prognosis if the condition is left untreated;

–      any uncertainties about the diagnosis, including options for further investigation prior to treatment;

–      options for treatment or management of the condition, including the option not to treat;

–      the purpose of a proposed investigation or treatment; details of the procedures or therapies involved, including subsidiary treatment such as methods of pain relief; how the Patient should prepare for the procedure; and details of what the Patient might experience during or after the procedure, including common and serious side effects;

–      for each option, explanations of the likely benefits and the probabilities of success; and discussion of any serious or frequently occurring risks, and of any lifestyle changes which may be caused or necessitated by the treatment;

–      advice as to whether or not the proposed treatment is experimental;

–      how and when the Patient’s condition and any side effects will be monitored or re-assessed;

–      the name of the Medical Practitioner who will have overall responsibility for the treatment and, where appropriate, names of the senior members of his or her team;

–      whether students will be involved, and the extent to which students may be involved in an investigation or treatment;

–      a reminder that the Patient can change his or her mind about a decision at any time;

–      a reminder that the Patient has a right to seek a second opinion; and

–      the details of costs or charges which the Patient may have to meet.

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

IMPORTANT OBLIGATIONS

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

–      DISCLOSE TO THE MEDICAL PRACTITIONER ANY AND ALL RELEVANT INFORMATION, NO MATTER HOW TRIVIAL, PERTAINING TO THE PATIENT’S CURRENT HEALTH AND PAST MEDICAL HISTORY THAT MAY HAVE A BEARING ON THE HEALTH SERVICE TO BE RENDERED, INCLUDING BUT NOT LIMITED TO ANY ALLERGIES, CONDITIONS AND THE LIKE;

–      MAKE THE NECESSARY ENQUIRIES REFERRED TO ABOVE FROM THE MEDICAL PRACTITIONER DURING THE CONSULTATION; AND

–      INFORM THE PRACTITIONER 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; and

–      track his, her or their limits, including but not limited to savings and available day-to-day funds;

–      obtain the necessary authorisations as and when required; and

–      confirm that the practitioner has been paid its account in full.

PRODUCT AND SERVICE REVIEWS/PUBLICATIONS

YOU ARE ENTITLED TO SUBMIT ANY REVIEWS/PUBLICATIONS AND/OR SERVICE-RELATED REVIEWS/PUBLICATIONS (INCLUDING PUBLICATIONS ON THIRD PARTY WEBSITES AND OTHER RELATED FORUMS AND PLATFORMS) ABOUT YOUR EXPERIENCE WITH WHATSUP DOC, ITS SERVICES AND PRODUCTS. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THAT YOUR PUBLICATION WILL BE EASILY ACCESSIBLE TO THE GENERAL PUBLIC.

When you submit a review or publication, you agree that: All review(s) and publications submitted will be accurate, your review/publication is original and was created by you, you are a resident of South-Africa; and are at least eighteen (18) eighteen years of age; you are/were a bona fide user of our website, products and/or services of WHATSUP DOC. The statements you make in your review/publication reflects a true and honest depiction of your experience and related facts, any publication will not contain any defamatory material, untrue material, inappropriate innuendos and/or statements and it further refrain from using any of our employees’ names and identities, and also refrain from any harassment and bullying and further that any privileged information that may become known to you in terms of this agreement shall not be published. SHOULD ANY OF THE AFOREGOING CONDITIONS NOT BE MET, YOU IRREVOCABLY GRANT WHATSUP DOC PERMISSION TO REMOVE AND TAKE STEPS TO REMOVE SUCH PUBLICATION, AS WELL AS AUTHORITY TO ACT ON YOUR BEHALF AND STEAD IN DOING SO, WHICH INCLUDES ENGAGING AND DULY INSTRUCT ON YOUR BEHALF THIRD PARTIES TO WHOM PUBLICATION WAS MADE OR WHO ARE CO-PUBLISHERS AS CIRCUMSTANCES MAY DICTATE, TO REMOVE/RETRACT SUCH PUBLICATION. ANY WITHDRAWAL INSTRUCTION TO A THIRD PARTY SHALL BE DEEMED TO BE SPECIFICALLY AUTHORISED BY YOU.

WHATSUP DOC shall have the right, (but not the obligation), to pursue and demand any one or more of the following actions with regard to your review(s) and/or publications:

We reserve the right to monitor/review and remove on your behalf your service-related review/publication including reviews/ publications submitted to third parties, should there in our reasonable discretion and opinion be any inaccuracies, false and /or misleading allegations and/or statements contained in the publication;

WHATSUP DOC may take steps to remove and restrict such publication which you irrevocably give WHATSUP DOC permission to do;

WHATSUP DOC hereby refuses permission to make public the identity of any employee, agent or person employed with WHATSUP DOC;

By submitting a review and/or publication to/about WHATSUP DOC which includes to any third-party, you grant the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout WHATSUP DOC’s marketing channels in any media; your identity will be protected in terms of our privacy policy; such permission includes the right to delete and withdraw any publication whether such publication is made to any third party or not on your behalf.

WE RETAIN A FULL REASONABLE DISCRETION TO REMOVE ANY PUBLICATION ON YOUR BEHALF AND YOU EXPRESSLY AUTHORISE US TO DO SO, IF YOU HAVE NOT COMMUNICATED AND ENGAGED (IN INSTANCES OF A COMPLAINT) WITH OUR CUSTOMER CARE DEPARTMENT, AND SUCH PUBLICATION IS UNTRUE, INJURIOUS, TO WHATSUP DOC, ITS EMPLOYEES AND OR AGENTS, GROSSLY MISREPRESENTS THE FACTS, CONTAINS DEFAMATORY STATEMENTS AND/OR INNUENDOS (WHICH INCLUDES ELECTRONIC AND INTERNET BASED PUBLICATIONS).

SERVICE DELIVERY, COMPLAINTS AND DISPUTE RESOLUTIONS

Any problems related to service delivery should be reported immediately, as this will enable us to take immediate and appropriate action.

THE CUSTOMER AND WHATSUP DOC HEREBY AGREE THAT ALL COMPLAINTS AND/OR DISPUTES EXPERIENCED BY THE CUSTOMER WILL BE REPORTED TO WHATSUP DOC WITHIN 2 DAYS FROM THE INCIDENT. THE CUSTOMER FURTHER UNDERTAKES TO PROVIDE WHATSUP DOC WITH THE OPPORTUNITY TO RESOLVE THE REPORTED COMPLAINT/DISPUTE INTERNALLY AND TO ALLOW WHATSUP DOC THE OPPORTUNITY TO UTILIZE ALL MEASURES NEEDED TO RESOLVE THE MATTER WITHIN 30 DAYS. THE CUSTOMER FURTHER UNDERTAKES TO NOT PUBLICIZE ANY INCIDENT ON ANY SOCIAL MEDIA, WEBPAGE OR INTERNET OR OTHER PLATFORM BEFORE WHATSUP DOC HAS EXPRESSLY PROVIDED THE CLIENT WITH FEEDBACK THAT THE MATTER COULD NOT BE RESOLVED INTERNALLY.

IF ANY DAMAGES/LOSS IS ALLEGED AND REPORTED BY THE CLIENT, WHATSUP DOC RETAINS THE RIGHT REQUEST THE CLIENT TO ADDUCE EVIDENCE FOR SAME.

Should any other service delivery related issues arise, written notice should be sent to our customer care department at info@whatsupdoc.net.

COUNTERPARTS & ELECTRONIC MEANS

This Agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document.

Delivery of the original counterpart shall not affect the validity and enforceability of any counterpart or the Agreement as a whole.

This Agreement may also be entered into by electronic means by accepting the terms thereof electronically and shall in no way affect affect the validity and enforceability of this Agreement.

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 Platform its fees, costs and charges upon receipt of invoice;

–        have of own volition chosen the Platform to consult with;

–        have read and understood each of the terms of this Agreement, including but not limited to his, her or their financial commitment and liability, the indemnity and exclusion of liability and the joint and several obligation to make payment of the Platform’s fees, costs and charges;

–        have had the opportunity to review these terms and conditions and that same accurately reflects his, her or their position;

–        are signing this Agreement voluntarily without being forced, influenced, pressured or harassed to do so;

–        understand and accept that this Agreement is legally binding on his, her or them; and

–        are at least 18 (eighteen) years of age and possess the legal right, capacity and ability to enter into a legally binding agreement with the Platform.

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 Platform in terms of or arising out of this Agreement), as he, she or they would otherwise have in law. To this extent, the Patient, the Guardian and/or the Responsible Person, as the case may be, hereby waives his, her or their rights of set-off.

Conflict with the law & Severability

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

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

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

Value Added Tax (“VAT“)

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

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

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

The payor of the Platform’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 Platform 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 Platform hereby being entitled but not be obliged, to:

–      furnish him, her or them with the Platform’s invoice;

–      furnish him, her or them with a PDF copy this Agreement;

–      communicate information to him, her or them regarding his, her or their account or records;

–      inform him, her or them of any available products and services of the businesses affiliated to the Platform and Platform; and/or

–      inform him, her or them of promotions and special offers of the businesses affiliated to the Platform and Platform.

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 Platform in writing by updating his, her or their profile on the appropriate electronic media channel provided for by the Platform, if applicable.

 

PROTECTION OF PERSONAL INFORMATION

  1. POLICY STATEMENT

1.1. Whatsup Doc (Pty) Ltd processes the personal information of its employees, clients, patients and other data subjects from time to time. As such, it is obliged to comply with the Protection of Personal Information Act No. 4 of 2013 (“POPI”) as well as the Promotion of Access to Information Act No. 2 of 2000 (“PAIA”).

1.2. In line with this, Whatsup Doc (Pty) Ltd is committed to protecting its clients’/supplier’s/employees’/contractors/patients and other data subjects’ privacy and ensuring that their personal information is used appropriately, transparently, securely and in accordance with applicable laws.

1.3. This Policy sets out the manner in which Whatsup Doc (Pty) Ltd deals with such personal information and provides clarity on the general purpose for which the information is used, as well as how data subjects can participate in this process in relation to their personal information.

 

  1. OBJECTIVES

2.1. To ensure legislative compliance (POPI and PAIA Acts) in respect of all personal information that Whatsup Doc (Pty) Ltd collects and processes.

2.2. To inform employees, clients and patients as to how their personal information is used, disclosed and destroyed.

2.3. To ensure that personal information is only used for the purpose for which it was collected.

2.4. To prevent unauthorised access and use of personal information.

  1. DEFINITIONS

3.1. “Processing” means:

3.1.1. The collection, receipt, recording organisation, collation, storage, updating, modification, retrieval, alteration, consultation or use;

3.1.2. Dissemination by means of transmission, distribution or making available in any form;

3.1.3. Merging, linking, erasure or destruction of information.

3.2. “PAIA” means the Promotion of Access to Information Act No. 2 of 2000

3.3. “POPI’ means the Protection of Personal Information Act No 4 of 2013

3.4. “Regulator” means the Information Regulator established in terms of the POPI Act.

  1. COLLECTION OF PERSONAL INFORMATION

4.1. Whatsup Doc (Pty) Ltd collects and processes various information pertaining to its employees, members, clients and patients. The information collected is based on need and it will be processed for that need/purpose only. Whenever possible, Whatsup Doc (Pty) Ltd will inform the relevant party of the information required (mandatory) and which information is deemed optional.

4.2. The employee, member, client or patient will be informed of the consequence/s of failing to provide such personal information and any prejudice which may be incurred due to non-disclosure. For example, Whatsup Doc (Pty) Ltd may not be able to employ an individual without certain personal information relating to that individual or the organisation may not be in a position to render services to a patient in the absence of certain information which is required.

4.3. Whatsup Doc (Pty) Ltd will process information in a manner that is lawful and reasonable (i.e., will not infringe upon the privacy of the individual or company).

4.4. Where consent is required for the processing of information, such consent will be obtained.

4.5. Information will be processed under the following circumstances:

4.5.1. When carrying out actions for the conclusion or performance of a contract

4.5.2. When complying with an obligation imposed by law on the company

4.5.3. For the protection of a legitimate interest of the data subject

4.5.4. Where necessary, for pursuing the legitimate interests of the company or of an authorised third party to whom the information is supplied.

4.5.5. For the purpose of medical care and consultations with patients.

4.6. Examples of the personal information Whatsup Doc (Pty) Ltd collects includes, but is not limited to:

4.6.1. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of an employee, client or patient.

4.6.2. Information relating to the education or the medical, financial, criminal or employment history (this includes disciplinary action) of an employee or patient.

4.6.3. Banking and account information.

4.6.4. Contact information.

4.6.5. Trade union membership and political persuasion.

4.6.6. Any identifying number, symbol, email address, telephone number, location information, online identifier or other particular assignment to the employee, member, client or patient.

4.6.7. The personal opinions, views or preferences of an employee (also performance appraisals or correspondence) and the views or opinions of another individual about the person

4.7. Whatsup Doc (Pty) Ltd shall not process special personal information without complying with the specific provisions of the POPI Act. Special information includes personal information concerning:

4.7.1. the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life or biometric information of a data subject; or

4.7.2. the criminal behaviour of a data subject, where such information relates to the alleged commission by a data subject of any offence committed or the disposal of such proceedings.

4.8. Collection of employee information:

4.8.1. For the purposes of this Policy, employees include potential, past and existing employees of Whatsup Doc (PTY). Independent contractors are treated on the same basis where the collection of information is concerned.

4.8.2. When appointing new employees/contractors, Whatsup Doc (Pty) Ltd requires information, including, but not limited to that listed above, from prospective employees/contractors, in order to process the information on the system/s. Such information is reasonably necessary for the Company’s record purposes, as well as to ascertain if the prospective employee/contractor meets the requirements, for the position which he is being appointed/contracted, and is suitable for appointment.

4.8.3. Whatsup Doc (Pty) Ltd will use and process such employee information, as set out below for including, but not limited to, its employment records and to make lawful decisions in respect of that employee and its business.

4.8.4. Use of employee information: Employees’ personal information will only be used for the purpose for which it was collected and intended. This includes, but is not limited to:

4.8.4.1. Submissions to the Department of Labour

4.8.4.2. Submissions to the Receiver of Revenue

4.8.4.3. For audit and recordkeeping purposes

4.8.4.4. In connection with legal proceedings

4.8.4.5. In connection with and to comply with legal and regulatory requirements

4.8.4.6. In connection with any administrative functions of the Company

4.8.4.7. Disciplinary action or any other action to address the employee’s conduct or capacity.

4.8.4.8. In respect of any employment benefits that the employee is entitled to

4.8.4.9. Pre- and post-employment checks and screening

4.8.4.10. Any other relevant purpose to which the employee has been notified.

4.8.5. Should information be processed for any other reason; the employee will be informed accordingly.

4.9. Collection of Client and patient information:

4.9.1. For purposes of this Policy, clients/patients include potential, past and existing clients/patients. Suppliers include all vendors which contract with Whatsup Doc (Pty) Ltd, whether once off or recurring, in respect of products and services.

4.9.2. Whatsup Doc (Pty) Ltd collects and processes its clients’ and patients’ personal information, such as that mentioned hereunder. The type of information will depend on the need for which it is collected and will be processed for that purpose only. Further examples of personal information collected from clients/patients include, but is not limited to:

4.9.2.1. The client’s/patient’s identity number, name, surname, address, postal code

4.9.2.2. The client’s/patient’s residential and postal address

4.9.2.3. Contact information

4.9.2.4. Banking details

4.9.2.5. Company registration number

4.9.2.6. Full name of the legal entity

4.9.2.7. Tax and/or VAT number

4.9.2.8. Details of the person responsible for the client’s/patient’s account

4.9.3. Whatsup Doc (Pty) Ltd also collects and processes client’s/patient’s personal information for marketing purposes in order to ensure that its products and services remain relevant to our clients/patient’s and potential clients/patients.

4.9.4. Use of client/patient information:

4.9.4.1. The client’s/patient’s personal information will only be used for the purpose for which it was collected and as agreed. This may include, but not be limited to:

4.9.4.2. Providing products or services to clients/patients.

4.9.4.3. In connection with sending accounts and communication to a client/patient in respect of services rendered.

4.9.4.4. Referral to other service providers

4.9.4.5. Confirming, verifying and updating client/patient details

4.9.4.6. Conducting market or customer satisfaction research

4.9.4.7. For audit and record keeping purposes

4.9.4.8. In connection with legal proceedings

4.9.4.9. In connection with and to comply with legal and regulatory requirements or when it is otherwise allowed by law.

4.10. Disclosure of personal information

4.10.1. Whatsup Doc (Pty) Ltd may share employees’ and clients’/patients’ personal information with authorised third parties as well as obtain information from such third parties for reasons set out above.

4.10.2. Whatsup Doc (Pty) Ltd may also disclose employees’ or clients’/patients’ information where there is a duty or a right to disclose in terms of applicable legislation, the law or where it may be necessary to protect the rights of the organisation or it is in the interests of the data subject.

  1. SAFEGUARDING OF PERSONAL INFORMATION AND CONSENT

5.1. Whatsup Doc (Pty) Ltd shall review its security controls and processes on a regular basis to ensure that personal information is secure.

5.2. It will take appropriate, reasonable technical and organisational measures to prevent loss or damage or unauthorised destruction of personal information, and unlawful access to or processing of personal information. This will be achieved by –

5.2.1. Identifying internal and external risks

5.2.2. Establishing and maintaining appropriate safeguards

5.2.3. Regularly verifying these safeguards and their implementation

5.2.4. Updating the safeguards

5.2.5. Implementing generally accepted information security Platforms and procedures.

5.3. Patient contracts/signed forms and thereto, containing relevant consent clauses for the use and storage of patient information, or any other action so required, in terms of POPI are signed by every patient.

5.4. On an ongoing basis, all suppliers, insurers and other third-party service providers are required to sign a service level agreement guaranteeing their commitment to the Protection of Personal Information.

5.5. Consent to process patient information is obtained from patients (or a person who has been given authorisation from the patient/client to provide the patient’s personal information) and suppliers at sign on/appointment/contracting.

  1. DIRECT MARKETING

6.1. The company shall ensure that:

6.1.1. It does not process any personal information for the sole purpose of direct marketing (by means of any form of electronic communication, including automatic calling machines, SMS’s or e-mail) unless the data subject has given his, her or its consent to the processing or is an existing customer/patient.

6.1.2. It will only approach data subjects, whose consent is required and who have not previously withheld such consent, once in order to request the consent. This will be done in the prescribed manner and form.

6.1.3. The data subjects will only be approached for the purpose of direct marketing of the Platform and Platform’s own similar products or services. In all instances, the data subject shall be given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality, to such use of his, her or its electronic details at the time when the information is collected.

6.1.4. Any communication for the purpose of direct marketing will contain details of the identity of the sender or the person on whose behalf the communication has been sent and an address or other contact details to which the recipient may send a request that such communications cease.

  1. TRANSFER OF INFORMATION OUTSIDE OF SOUTH AFRICA

7.1. Whatsup Doc (Pty) Ltd will not transfer personal information about a data subject to a third party who is in a foreign country unless one or more of the following apply:

7.1.1. the third party is subject to a law, binding corporate rules or a binding agreement which provides an adequate level of protection of personal information and effectively upholds principles for reasonable processing of the information.

7.1.2. the data subject consents to the transfer

7.1.3. the transfer is necessary for the performance of a contract between the data subject and the company

7.1.4. the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the company and a third party; or

7.1.5. the transfer is for the benefit of the data subject, and it is not reasonably practicable to obtain the consent of the data subject to that transfer and if it were reasonably practicable to obtain such consent, the data subject would be likely to give it.

  1. SECURITY BREACHES

8.1. Should Whatsup Doc (Pty) Ltd detect a security breach on any of its systems that contain personal information, it shall take the required steps to assess the nature and extent of the breach in order to ascertain if any information has been compromised.

8.2. Whatsup Doc (Pty) Ltd shall notify the affected parties should it have reason to believe that their information has been compromised. Such notification shall only be made where the organisation can identify the data subject to which the information relates.

8.3. Notification will be provided in writing by means of either:

8.3.1. email

8.3.2. registered mail

8.3.3. the organisation’s website

8.4. The notification shall provide the following information where possible:

8.4.1. Description of possible consequences of the breach

8.4.2. Measures taken to address the breach

8.4.3. Recommendations to be taken by the data subject to mitigate adverse effects.

8.4.4. The identity of the party responsible for the breach

 

 

8.5 Limitation of Liability

To the extent permitted by law, Whatsup Doc shall not be liable for any loss, damage, or harm arising from a data breach where:

8.5.1 Reasonable security safeguards were implemented, and

8.5.2 The breach resulted from circumstances beyond its reasonable control, including but not limited to cyber-attacks, system failures, or third-party service provider failures.

8.6 User Responsibilities

Users are responsible for:

8.6.1 Keeping their login credentials confidential

8.6.2 Immediately notifying Whatsup Doc of any suspected unauthorised access to their account

Whatsup Doc will not be liable for breaches resulting from a user’s failure to safeguard their access credentials.

8.7 Third-Party Processors

Where personal information is processed by third-party service providers, Whatsup Doc requires such parties to implement appropriate data protection measures consistent with POPIA. However, Whatsup Doc cannot guarantee the absolute security of third-party systems.

8.8 No Guarantee of Absolute Security

While Whatsup Doc uses commercially reasonable security measures, no system is completely secure. Users acknowledge and accept the inherent risks associated with transmitting information electronically.

  1. ACCESS AND CORRECTION OF PERSONAL INFORMATION

9.1. Employees, members, clients/patients have the right to request access to any personal information that Whatsup Doc (Pty) Ltd holds about them.

9.2. Employees, members, clients/patients have the right to ask how their personal information is stored and used, and to request correction or deletion if it was unlawfully or unnecessarily kept. However, South African health law requires that medical records be kept for at least six years (and sometimes longer). This is to ensure clinical safety, continuity of care, and compliance with the HPCSA and National Health Act.

9.3. Where an employee or client/patient objects to the processing of their personal information, Whatsup Doc (Pty) Ltd may no longer process said personal information. The consequences of the failure to give consent to process the personal information must be set out before the employee or client/patient confirms his/her objection.

9.4. The client/patient or employee must provide reasons for the objection to the processing of his/her personal information.

 

  1. WILL WE DISCLOSE THE INFORMATION WE COLLECT TO THIRD PARTIES?

10.1. The Whatsup Doc (Pty) Ltd Site/Webpages will disclose personal information when required by law or in the good-faith belief that such action is necessary to:

10.1.1. conform to the edicts of the law or comply with a legal process served on Whatsup Doc (Pty) Ltd;

10.1.2. protect and defend the rights or property of Whatsup Doc (Pty) Ltd or visitors to Whatsup Doc (Pty) Ltd Webpages;

10.1.3. identify persons who may be violating the law, the legal notice, or the rights of third parties;

10.1.4. co-operate with the investigations of purported unlawful activities;

10.1.5. for the purpose of carrying out credit checks on potential buyers

10.2. We maintain a strict “No-Spam” policy. We will also not sell or rent your email address to a third-party.

  1. RETENTION OF RECORDS

11.1. Whatsup Doc (Pty) Ltd is obligated to retain certain information, as prescribed by law. This includes but is not limited to the following:

11.1.1. With regard to the Companies Act, No. 71 of 2008 and the Companies Amendment Act No 3 of 2011, copies of the documents mentioned below must be retained for 7 years:

11.1.2. Any documents, accounts, books, writing, records or other information that a company is required to keep in terms of the Act.

11.1.3. Notice and minutes of all meetings, including resolutions adopted.

11.1.4. Copies of reports presented at the annual general meeting.

11.1.5. Copies of annual financial statements required by the Act and copies of accounting records as required by the Act.

11.2. The Basic Conditions of Employment No. 75 of 1997, as amended, requires the organisation to retain records relating to its staff for a period of no less than 3 years.

 

  1. AMENDMENTS TO THIS POLICY

12.1. Amendments to this Policy will take place from time to time subject to the discretion of Whatsup Doc (Pty) Ltd and pursuant to any changes in the law. Such changes will be brought to the attention of employee’s, members and clients/patients where it affects them.