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Terms & Conditions and Acknowledgement of Medical Services

Virtual Consultation

AGREEMENT

PLEASE TAKE A MOMENT TO READ

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

 

QUESTIONS

 

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

MULTIPLE APPLICATIONS – STRUCTURE AND FORM OF THE AGREEMENT

 

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

–      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, click on the red button with the words “SAME AS PATIENT” thereon and the Patient’s personal details will be automatically populated, with only the details of the medical aid scheme requiring to also be completed (if applicable);

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

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

WhatsApp Virtual Platform

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

Telephonic Virtual Platform

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

Terms and conditions and privacy policy incorporated by reference

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

REQUIREMENT TO PROCEED

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

–      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.

REGULATORY ISSUES

Consumer Protection Act

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

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

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

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

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

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

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

Health Professions Act + the HPCSA

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

IMPORTANT AND MATERIAL DOCTOR AND PATIENT PROVISIONS

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

 

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

 

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

 

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

 

–      the Patient is not in an established doctor-patient relationship;

 

–      the Patient is not in the active treatment of another healthcare practitioner for the condition that is the subject of the Virtual Health Service or consultation;

 

–      the Patient is not receiving any other treatment or medication for the condition that is the subject of the Virtual Health Service, consultation or at all;

 

–      the Patient has chosen the Practice and its Medical Practitioner to establish a doctor-patient relationship particularly in respect of the matter that is the subject of the Virtual Health Service or consultation;

 

–      the Patient will disclose all relevant information to the Medical Practitioner, whether material, significant, insignificant or otherwise;

 

–      the Patient has deliberately chosen and opted for an electronic medium to consult with the Medical Practitioner thereby creating a virtual healthcare setting and a doctor-patient relationship;

 

–      the Patient is, at the time of consulting with the Medical Practitioner, within the borders of the Republic of South Africa;

 

–      the Patient consents to and authorizes the recording of the consultation by and between the Patient and the Practice’s personnel, including, without limitation, the Medical Practitioner;

 

–      by accepting these terms and conditions, the Patient (or Guardian, as the case may be) hereby gives or is deemed to have given the requisite written “INFORMED CONSENT” in terms of the common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended; and

 

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

STANDARD AND CORE TERMS AND CONDITIONS

 

 

DEFINITIONS

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

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

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

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

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

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

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

Full name: SH Incorporated

Type of entity: private company – incorporated practice

Main business: the provision of health care services.

Office bearers: Dr S Holt

CIPC Registration number: 2016/145481/21

BHF PCNS Registration Number: 014 000 0055611

VAT number: 4700273958

Physical Address (for receipt of legal process, post & street): Building B, Hobart Square Office Park, 23 Hobart Road, Bryanston, Johannesburg, 2021, Republic of South Africa

Email: info@shihealthcare.co.za

Landline: +27 (0) 860 374 7687

Website: www.shihealthcare.co.za

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

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

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

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

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

LEGALLY BOUND

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

SIGNATURE

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

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

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

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

BACKGROUND INFORMATION & HOUSEKEEPING

Relationship with the Virtual Platform

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

Commitment, Complaints and Compliments

 

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

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

–      on telephone number 012 338 9300; or

–      per email to legalmed@hpcsa.co.za; or

–      per courier as per the address provided on the website http://hpcsa.co.za,

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

Contact and Communications

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

Copy of this Agreement

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

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

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

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

 

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

 

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

 

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

 

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

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

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

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

Pricing, fees and costs

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

Reservation of rights

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

Virtual Health Services

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

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

BILLING AND PAYMENT OF MEDICAL FEES, COSTS AND CHARGES

Billing Policy & Fee Structure

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

Exclusions

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

Medical Aid Schemes (Relevant to medical aid scheme patients)

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

–      he, she or they are the principal member or a dependent of the principal member with a valid membership of the medical aid scheme reflected on the applicable electronic page of the Website Virtual Platform or provided in the online registration or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be;

–      the information pertaining to his, her or their medical aid scheme is true and correct in every respect;

–      he, she or they is or are up to date and current with all his, her or their subscription and/or medical aid scheme membership contributions;

–      he, she or they has or have sufficient medical aid scheme resources or benefits to cover the Practice’s fees and costs in full;

–      he, she or they has or have not resigned from or his, her or their benefits has or have not been terminated by his, her or their medical aid scheme, which includes but is not limited to the Patient as well; and

–      he, she or they have sufficient cash resources to pay for the Virtual Health Service in the event there is a shortfall between the amount owing to the Practice and the amount paid by the medical aid scheme or if the Practice’s invoice is not paid at all.

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

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

–      the fees and costs charged by the Practice are different or may be different to or from the benefits payable under his, her or their medical aid scheme and, as such, he, she or they hereby accept responsibility and liability for any co-payment resulting from the difference or shortfall between the amount claimed by the Practice and the amount paid by the medical aid scheme;

–      pre-authorisation by a medical aid scheme for the Virtual Health Service of or any treatment by the Practice does not guarantee any payment by the medical aid scheme and, as such, he, she or they hereby accept responsibility and liability for any and all amounts not paid to the Practice by his, her or their medical aid scheme; and

–      he, she or they will not be relieved of any liability for the payment of the fees and costs due to the Practice notwithstanding the Practice submitting a claim therefore to his, her or their medical aid scheme or any other insurer.

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

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

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

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

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

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

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

RESPONSIBILITY AND LIABILITY FOR THE PAYMENT OF THE ACCOUNT

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

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

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

 

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

 

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

 

  • renounces the benefits of the following legal exceptions:

 

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

 

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

 

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

 

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

 

DUE AND PAYABLE

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

IF AN ACCOUNT IS NOT PAID

Interest, Collection & Listing with a Credit Bureau

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

–      the 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 WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be;

–      undertakes to notify the Practice of any change in his, her or their contact details and Service Address, forthwith upon the change taking place; and

–      consents to the service of any and all legal proceedings by electronic mail, courier service and any other manner permitted in law, with the Practice likewise consenting to service in the aforesaid manner.

Read receipt as proof

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

Jurisdiction

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

Collection/Legal Costs & Expenses

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

Cession of claim

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

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

DISCLAIMERS

 

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

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

 

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

EXCLUSION OF LIABILITY AND INDEMNITY

 

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

 

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

 

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

 

–      THE USE OF OR THE RELIANCE UPON THE VIRTUAL PLATFORM, INCLUDING BUT NOT LIMITED TO THE PRACTICE’S WEBSITE, THE WHATSAPP BOT, THE ELECTRONIC MOBILE APP OR TELEPHONIC CONNECTIVITY, INCLUDING THE INABILITY TO USE SAME; AND/OR

 

–      ANY LINKED THIRD PARTY WEBSITE, MOBILE APP, DEVICE, EQUIPMENT OR TELEPHONIC SYSTEM.

 

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

 

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

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

 

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

 

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

OWNERSHIP OF PATIENT RECORDS

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

DISCLOSURE OF MEDICAL INFORMATION

 

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

–      the use and disclosure of the Patient’s medical information to –

  • his, her or their medical aid scheme and/or other insurers for the purposes of receiving payment for the Virtual Health Service rendered by the Practice’s Medical Practitioner; and
  • all medical colleagues involved in the treatment of the Patient and in the rendering of allied healthcare or medical services;

–      the Practice to keep a physical hard copy and/or an electronic copy of the Patient’s medical record on file; and

–      the processing, use and storage of the Patient’s medical and personal information, as well as the personal information of the Guardian, the Guarantor and/or the Responsible Person, as the case may be, as may be applicable or necessary in the circumstances; and

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

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

PRIVACY OF THE PATIENT’S MEDICAL AND PERSONAL INFORMATION

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

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

–      the Patient, the Guardian, the Guarantor and the Responsible Person is referred to the Practice’s PoPI Policy on its website https://www.shihealthcare.co.za; and

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

INFORMED CONSENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IMPORTANT OBLIGATIONS

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

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

 

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

 

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

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

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

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

–      obtain the necessary authorisations as and when required; and

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

CONFIRMATION

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

 

–        have the necessary financial wherewithal or ability to pay the Practice its fees, costs and charges upon receipt of invoice;

 

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

 

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

 

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

 

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

 

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

 

–        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.

Entire Agreement

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

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