WEBSITE AGREEMENT

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

–      this Agreement is a core set of standard terms and conditions 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, this Agreement, on the Website Virtual Platform, comprises:

–      the Landing Page;

–      the Booking Details Page, split as to the manner in which the Patient is being attended, namely as a Medical Aid Patient or a Private Patient, which requires the Patient, the Guardian, the Guarantor or the Responsible Person, as the case may be, to complete the requisite payment details;

–      the Patient Details Page, which requires the Patient, the Guardian, the Guarantor or the Responsible Person, as the case may be, to complete the Patient’s personal details;

–      the Guardian’s Details Page, which requires the Guardian to complete his or her personal details (which completion is only required if the Patient is a minor or under the legal guardianship of the Guardian);

–      the Guarantor’s or Responsible Person’s Page, which must be completed by the person who is responsible for the payment of the Practice’s fees, costs and charges – if the Patient is also the Responsible Person or Guarantor, select/mention this appropriately thereon and the Patient’s personal details will be automatically populated, with only the details of the medical aid scheme requiring to also be completed (if applicable);

–      this Agreement or Terms and Conditions Page, which must be read and accepted by the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be; and

–      the Thank you Page, signifying the Practice’s counter signature or acceptance of this Agreement.

Whatsup Doc Virtual Platform

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

Terms and conditions and privacy policy incorporated by reference

By proceeding with the consultation, booking of the appointment, the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be, is deemed to have read, understood and agreed to and accepted the aforesaid terms and conditions and privacy policy being incorporated herein.

REQUIREMENT TO PROCEED

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

–      the Terms and Conditions below;

–      the payment of the fees rendered by the Practice; 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 or the consultation may be invalid.

REGULATORY ISSUES

Consumer Protection Act

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

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

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

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

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

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

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

IMPORTANT AND MATERIAL DOCTOR AND PATIENT PROVISIONS

Virtual Health Services are not able to assist with emergency medical conditions and 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 Whatsup Doc 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 receiving any other treatment or medication that the patient lists in the   clinical questionnaire 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 consents to and authorizes the recording of the consultation by and between the Patient and the Practice’s personnel, including, without limitation, the Medical Practitioner;

–      the Patient has the financial wherewithal or ability to pay the fees for the services to be rendered by the Medical Practitioner.

–     The patient hereby warrants to always disclose pregnancy, breastfeeding and allergy status in every consultation with the healthcare providers of Whatsup Doc before receiving any prescription for medication, health scans, scan forms or medical advice from Whatsup Doc and its healthcare providers whether this information is requested for or not. Whatsup Doc and its healthcare providers will not be held liable for any adverse incidents/effects experienced from omission of this information.

–        The patient acknowledges that the acceptance of medical certificates is at the discretion of their employer, and Whatsup Doc or its staff cannot guarantee their acceptance.

In telemedicine consultations, the healthcare provider and the patient, would be involved in the therapeutic consultation where they will both be in locations remote from each other.

Telehealth consultations include the use of new and the existing technologies including electronic booking forms, electronic medical records, the recording and sharing of digital imagining and diagnostic results, and interoperable medical devices.

Both the healthcare provider and patient have specific additional requirements when entering and conducting telehealth and telemedicine (virtual) consultations.

In terms of the national patient rights charter, the patient has duties and obligations to share fully their medical circumstances with their health care practitioner, which may not be immediately apparent in a virtual consultation. The healthcare providers and platform recognise that there are clinical, professional, social and technological challenges that exist in providing virtual consultations to health care users and acknowledges 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. The platform and all representatives of this practice make every reasonable effort to comply with all the laws and regulations relating to the practice of telehealth in South Africa.

Following a telehealth consultation, you 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.

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.

STANDARD AND CORE TERMS AND CONDITIONS

DEFINITIONS

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

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

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

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

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

“Patient” means the natural person receiving the Virtual Health Service from either the Medical Practitioner or nurse/clinical associate, whose details are as recorded on the electronic Patient Details Page or as otherwise provided for on the Whatsup Doc Platform, as the case may be.

“Practice” means WHATSUP DOC (PTY) LTD, with the following important corporate details:

Full name: WHATSUP DOC (PTY) LTD

Type of entity: private company

Main business: the provision of health care services.

CIPC Registration number: 2023/756607/07

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.

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

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

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

“Whatsup Doc Platform” means, as the context may require or determine, the Practice’s Whatsup Doc Platform over which the Virtual Health Service is rendered or is to be rendered by the Medical Practitioner/Practice to the Patient.

LEGALLY BOUND

By using our Virtual Platform, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, agrees to be legally bound by the terms and conditions hereinbefore and hereinafter set out.

SIGNATURE

By accepting Whatsup Doc terms and conditions:

–      such action constitutes the electronic signature of the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, to this Agreement;

–      a legally binding and enforceable agreement shall come into being by and between the Practice, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, upon the terms and conditions set out in this Agreement; and

–      the Patient confirms having given the requisite written “INFORMED CONSENT”, amongst others, in terms of the common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

BACKGROUND INFORMATION & HOUSEKEEPING

Commitment, Complaints and Compliments

The Practice is dedicated to providing an efficient and professional 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@whatsupdoc.net or via the telephone number 060 212 2612.

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), Whatsup Doc, 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.

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

Access to the Whatsup Doc Platform and the Virtual Health Service is subject to availability.

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

–      the Patient will have access or continued access to the Whatsup Doc Platform or the Virtual Health Service for the full duration of the consultation or that such access will be continuous and/or uninterrupted;

–      the Whatsup Doc Platform or the Virtual Health Service or the connection to the Medical Practitioner will at all times be available, fit for any purpose, be secure and reliable; and

–      the Virtual Health Service will strictly conform to its delivery timelines or exact booking time slots.

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

–      subject to the continuous supply of electricity from the electricity grid and internet being fully operational and not the subject of power outages, power loss, load shedding or other malfunction; and

–      provided on an “as is” and “as available” basis; and

–      provided in good faith based upon the information given by the Patient to the Medical Practitioner.

Pricing, fees and costs

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

Reservation of rights

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

Virtual Health Services

The Medical doctors of the Practice are general practitioners and have been additionally specifically trained to render Virtual Health Services.

BILLING AND PAYMENT OF MEDICAL FEES, COSTS AND CHARGES

Billing Policy & Fee Structure

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

Exclusions

The Practice’s fees and costs exclude the costs of medication, equipment, laboratory fees, radiology fees and other specialist or allied services involved in the Patient’s medical treatment and care.

Medical Aid Schemes (Relevant to medical aid scheme patients)

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

–      he, she or they are the principal member or a dependent of the principal member with a valid membership of the medical aid scheme reflected on the applicable electronic page of the Website Virtual Platform or provided in the online registration or as otherwise provided for on the Whatsup Doc 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.

–       Please be advised that any rejected medical aid claims will incur a cash invoice of R200.

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

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

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

–      the information pertaining to his, her or their non-medical aid payment method is true and correct in every respect, including but not limited to the name of the bank account holder, the account number or credit/debit card number, the name of the applicable bank, the branch code, branch name, expiry date and authentication code;

–      the Responsible Person is fully authorised to use the non-medical aid payment method (supplied by him, her, it or them) for purposes of paying the Practice for the Virtual Health Service, including but not limited to the debit/credit card, the electronic funds transfer bank account or other payment method acceptable to the Practice from time to time; and

–      the Responsible Person and the non-medical aid payment method (supplied by him, her, it or them) has and will have sufficient funds available to cover and pay the invoice to be rendered by the Practice for the Virtual Health Service.

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

RESPONSIBILITY AND LIABILITY FOR THE PAYMENT OF THE ACCOUNT

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

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

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

• guarantees and undertakes, as a principal and independent obligation, in favour of the Practice, the due, proper, full and timeous payment by the Patient or the Guardian, as the case may be, to the Practice of its account and claim for the Virtual Health Service rendered to the Patient;

• indemnifies and holds harmless the Practice against any and all loss, liability, damage, taxes and costs (including, without limitation, legal costs on the scale as between an attorney and his own client) arising from any non-payment by the said Patient or Guardian, as the case may be; and

• renounces the benefits of the following legal exceptions:

• simultaneous citation and division of debt (this applies where there is more than one co-principal debtor and entitles each of them to claim that the guarantor is liable only for its proportional share of the total debt) on renunciation of this benefit, the Guarantor becomes liable for the whole amount, but may have certain rights of contribution from and against the Patient or Guardian, as the case may be; and

• no cause of debt and no value received (these are defenses that there are no grounds for a debt or that no value was received; on renunciation of these benefits the Guarantor will bear the burden to prove that it is not indebted to the Practice or that it received any benefits),

• revision of accounts and errors of calculation (these defenses apply where a guarantor wishes to show that its account has been wrongly drawn up or calculated; on renunciation of this benefit, the Guarantor will bear the burden to prove that the accounts are wrong),

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

DUE AND PAYABLE

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

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, 2005 (Act No. 34 of 2005), as amended, which may affect the Responsible Person’s credit profile, which listing the Responsible Person hereby authorises.

English language for correspondence, notice, legal proceedings

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

Service Address

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

–      chooses as his, her or their contact and service details the Service Address provided for by him, her or them on the applicable electronic page of the Website Virtual Platform or as otherwise provided for on the Whatsup Doc 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 this Agreement must make use of the “read receipt” function to serve as proof that the email or Whatsup Doc message 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 Durban Magistrates’ or High Court having jurisdiction, for and in respect of any dispute or matter arising out of this Agreement or the Virtual Health Service.

Collection/Legal Costs & Expenses

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

Cession of claim

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

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

DISCLAIMERS

USE OF THE 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 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 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 PRACTICE, THE MEDICAL PRACTITIONER, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.

EXCLUSION OF LIABILITY AND INDEMNITY

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

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

–      THE VIRTUAL HEALTH SERVICES RENDERED BY THE PRACTICE’S MEDICAL PRACTITIONER TO THE PATIENT OR ANY OMISSION THEREOF;

–      THE USE OF OR THE RELIANCE UPON THE WHATSUP DOC PLATFORM, INCLUDING BUT NOT LIMITED TO THE PRACTICE’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 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 WHATSUP DOC 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 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 Practice’s Medical Practitioner; and

• all healthcare providers, healthcare provider partners and administrators of The Practice.

• 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;

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

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

PRIVACY OF THE PATIENT’S MEDICAL AND PERSONAL INFORMATION

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

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

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

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

INFORMED CONSENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IMPORTANT OBLIGATIONS

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

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

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

–      INFORM THE PRACTICE OF ANY RELEVANT CHANGES TO HIS, HER OR THEIR PERSONAL, MEDICAL AND/OR FINANCIAL INFORMATION OR CIRCUMSTANCES.

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

–      fully understand the rules and benefits of his, her or their medical aid scheme, including but not limited to exclusions, authorisations, visits, tariffs and co-payments; and

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

–      obtain the necessary authorisations as and when required; and

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

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

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

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

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

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

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

–        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 Practice.

GENERAL

Excussion, Set-Off or Counter-Claim

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

Conflict with the law & Severability

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

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

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

Value Added Tax (“VAT“)

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

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

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

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

Electronic messaging

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

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

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

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

–      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.

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.

2. 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.

3. 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.

4. 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.

5. 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 practices 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.

6. 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 the Practice’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.

7. 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.

8. 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

10. ACCESS AND CORRECTION OF PERSONAL INFORMATION

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

10.2. Employees, members, clients/patients have the right to request Whatsup Doc (Pty) Ltd to update, correct or delete their personal information on reasonable grounds.

10.3. 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.

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

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

11.1. 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:

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

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

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

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

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

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

12. RETENTION OF RECORDS

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

12.1.1. 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:

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

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

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

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

12.2. 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.

13. AMENDMENTS TO THIS POLICY

13.1. 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.